HomeMy WebLinkAbout05-12-1987
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AGENDA
CITY OF DENTON CITY COUNCIL
May 12, 1987 i
Wor'c Session of the City cf Denton City Council on Tuesday, May
12, 1987, at 5.30 m. in the Civil Defense Room of the
Municipal Building 9t. which the following items vill be
considered:
NO'T'E: Any item listed on the agenda for the Worl'. Session may
also be considered as part of the agenda for the
Regular Meeting.
S:30 P.M.
5:30 1. Hold s discussion regarding the upgrading of the
radio system.
S:45 2. Receive recommendations from the CDBG Committee
and Park Board regarding plans for the new Martin
Luther King, Jr. Pecreaticn Center.
6:00 3. gold a discussion regarding a proposed resolution
by the Texas Municipal Power Agency regarding the ?
t%
_ creation of a risk management fund.
4. Hold a discussion regarding the aay 14th TMPA
agenda with TMPA representatives and members of
the Public Utilities Board.
6:30 S. Executive Session:
i A. Legal Matters Under Sec. 2(e), Art.
6252-17 V.A.T.S.
" 1. Discuss proposed legal action by Denton
County relating to the rights and
obligations of the owners of Flow
Memorial Hospital. !
,
B. Real Estate Under Set. 2(f), Art. 6252.17
V.A.T.S.
` p C. . Personnel/Board Appointments Under Sec.
2(g), Art 62S2-17 V.A.T.S.
$ Regular Meeting of the City of Denton City Council on Tuesday,
May 120 1987, at 7:00 p.m. In the Council Chambers of the
Municipal Building at which the following items will be
considered:
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City of Denton City Council Agenda
May 12, 1987 r
h Page 2
r i 7:00 p.m.
1. Consider approval of the minutes of the regular
meeti,~gs of November 41 1986, November 18, 1986 and
Decenber 9, 1986. ai
the
approving bond
2. Consider approval of a resolution aPP
cr~~ t ion of a "Risk Management Fund" by
resolution to be adopted by the Texas Municipal Power s
Agency and providing for an effective date.
i
3. Receive a report from Mr. Carl Young regarding the
economic/social expectations of the people in
Southeast Denton.
4, Public Hearings proposed
A. Hold a public hearing concerning annexation of approximately 69.1694 acres being
ppart of the S. Venter Survey, Abstract No. 1315;
G. Chacon Survey, Abstract No, 298; J. Baker
CI:ti !e-~ I
4~ Si.zrvey, Abstract No. 47; J. Dickson Survey,
Abstract No. 342; and the A. Cannon Survey,
f s t Abstract No. 232, and located adjacent ~aAn 48south
5y; of FM 2181 and east of Old Alton Road.
B. Hold a public hearing concerning proposed
amendment of Article 3.07, Section A, Paragraph
3, Appendix A, Subdivision and Land Development
r Regulations, relating to development contract
requirements for public improvements prior to
' issuance of a certificate of occupancy. (The
Planning and Zoning Commission recommenAs
„M't J
approval.)
1. Consider adoption of ordinance amending
Article 3.079 Section A, Paragraph 3,
Appendix A, Subdivision and Land Development
Regulations.
Consent Agenda
,i; Each of these items is recommended by the Staff and
"r approval thereof will be strictly on the basis of the Staff
recommendations. Appproval of the Consent Agenda authorizes the
city ccordanceg with othe hStafferecommendattons lenient each item in
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City of Denton City Council Agenda
may 12, 1987
Page 3
Listed below are bids and purchase orders to be r
^ approved for payment under the Ordinance section of the
1 agenda. Detailed back-up information is attached to the 4
ordinances (Agenda item 6.A). This listing is provided on the
Consent Agenda to allow Council Members to discuss any item
prior to approval of the ordinance.
A. Bids and Purchase Orders:
1. P.O. 178804- Rone Engineers - $23,000.00
B. Tax Refunds
5
1. Consider approval of a tax refund in the
amount of $535.22 to Lawyer's Title. g;
1. Consider approval of a tax refund in the
amount of $1,157.15 to First Texas Savings.
' 6. Ordinances
A.
A. Consider adoption of an ordinance approving a
change order for a construction contract with
'a Calvert Paving Company for Yellowstone drainage
impr)vements.
B. Consider adoption of an ordinance providing for
the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in
accordance with the provisions of state law
,u ".1yt exempting such purchases from requirements of
competitive bids.
C. Consider adoption of an ordinance amending the
1986.87 budget of the City of Denton, Texas by
he sum of $215,
3 t
500.00 from the uappropriating ppropriated balance of the Genetal Fund and
various other account funds to account number
100-041-020M-8938; providing for funding to Flow
} 1.,
Memorial Hospital, and authorizing an agreement
with the Hospital; and declaring an effective
date
7. Consider approval of a resolution expressing support
of the legislature creating the Denton County Hospital
District. }
" 8. Ordinances
A. Consider adoption of an ordinance approving a
contract between the City of Denton and Freese
and Nichols, Inc. for engineering ervices and
declaring an effective date.
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31 4 Pik
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City of Denton City ".until Agenda
May 12, 1987
Page 4
B, Consider adoption of an ordinance ai prtheng a
contract .or the City' s participation cost
of installing an oversized sewer main;
authorizing the Mayor to execute the contract
with Teasley Road Associates; approving the
expenditure of funds therefore, and providing for
{ an effective date.
C. Consider adoption of an ordinance accepting an
engineering agreementith Freese pump and high
Consulting Engineers, for raw F
service pump design and installation.
D. Consider adoption of an ordinance approving an 5
agreement between the City of Dento` vand the
Texas Water Development Board; approving or
expenditure of funds therefore; and providing f
an effective date.
E. Consider adoption of an ordinance repealing the
existing Chapter 7 of the Code of Ordinances and
adopting a new Chapter 7 to be entitIsd
"Emergency Management".
9, Resolutions
A. Consider approval of a resolution appointing the a
I.J ' City Manager, Deputy City Manager and Executive
Director of Finance to be Board of Directors of
the Denton Health Facilities Pevelopment
Corporation.
B. Consider approval of a resolution authorizing
publication of notice of intention to issue
?."t Certificates of Obligation of City of Denton,
Texas to acquire a municipal radio communication
syster in an amount not to exceed $1.1 million.
10. Consider a motion authorizing the Mayor and City
Fees. to Senate
Manager to communicate
to t Capital opposition
Bill 336 relating
11. Receive a recoemendation from the Airport Board
supporting a portion of HJR9S and HB1736 that would
eliminate personal property tax on aircraft only.
12Official Action on Executive Session items:
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A, Legal Matters
B. Real Estate
C, Personnel
;,M1.r 1 p, Board Appointments
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City of Denton City Council Agenda
May 12, 1987
Page S FY
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13. Miscellaneous matters from the City Manager
14, New Business:
This item provides a section for Council Members to
suggest items for future agendas.
` 15, Executive Session: ri
A. Le al Matters Under Sec. 2(e), Art. 6252-17 "
o: gg r
V,A.T,S.
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g),
" t.". Art 6252-17 V,A,T.S,
1
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C E R T IF I C A T E
I certify that the above notice of meeting was posted on the r,
bulletin rd at the City a 1 of the City ofTexas
" on the day of 1987 at ofcloci
{a.m.) p.m.
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AGENDA
CITY OF DENTON CITY COUNCIL
May 12, 1987
Work Session of the City of Denton City Council on Tuesday, May
12, 1987, at $:30 m, in the Civil Defense Room of the
Municipal Building which the following items will be
considered:
NOTE: Any item listed on the agenda for the Work Session may
also be considered as part of the agenda for the
Regular Meeting.
i
5:39 P.M.
5:30 1. Hold a discussion regarding the upgrading of the
radio system.
I
S:45 2. Receive recommendations from the CDBG Committee
and Park Board regarding plans for the new Martin
Luther King, Jr. Recreation Center.
6:00 3. Hold a discussion regarding a proposed resolution'
i by the Texas Municipal Power Agency regarding the II ? `
creation of a risk management fund,
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4. Hold a discussion regarding the May 14th TMPA
agenda with TMPA representatives and members of
the Public Utilities Board.
6.30 S. Executive Session:
A. Legal Matters Under Sec. 2(e), Art.
4 6152.17 V.A.T.S.
1. Discuss proposed legal action by Denton
County relating to the rights and
obligations of the owners of Flow
+ Memorial Hospital.
B. Real Estate Under Sec. 2(f), Art. 6251-17
V.A.T.S.
C, Personnel/Board Appointments Under Sec. /
2(g), Art 6252.17 V.A.T.S. A
Regular Meeting of the City of Denton City Council on Tuesday,
May 129 19879 at 7:00 p.m. in the Council Chambers of the
Municipal Building at which the following items will be
considered,
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A.
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City of Denton City Council Agenda
May 12, 1987
t Page 2
7;00 p.m.
1. Consider approval of the minutes of the regular
meetings of November 4, 1986, November 18, 1986 and
December 9, 1986.
2. Consider approval of P resolution approving the
creation of a "Risk Management Fund" by a bond
resolution to be adapted by the Texas Municipal Power
Agency and providing for an effective date.
3. Receive a report from Mr. Carl Young regarding the
economic/social expectations of the people in
Southeast Denton.
f` Public Hearings
A. Hold a public hearing concerning proposed
annexation of approximately 69.1694 acres being
i art of the S. Venter Survey, Abstract No. 1315;
pp
C. Chacon Survey, Abstract No. 298; J. Baker
Survey, Abstract No. 47; J. Dickson Survey,
r~
Abstract No. 342; and the A. Cannon Survey,
Abstract No. 232, and located adjaceit and south
of FM 2181 and east of old Alton Road. (A-48) ,r
B. Held a public hearing concerning proposed
y amendment of Article 3.07, Section A, Paragraph
39 Appendnix A, Subdivision and Land Development
Regulatios, relating to development contract
requirements for public improvements prior to
issuance of a certificate of occupancy. (The a"
Planning and Zoning Commission recommends
approval.)
s
1. Consider adoption of ordinance amending
Article 3.07, Section A, Paragraph 30
Appendix A, Subdivision and Land Development
Regulations.
5. Consent Agenda
' Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
?P[ recommendations. Approval of the Consent Agenda authorizes the
City Manager or his designee to implement each item in
accordance with the Staff recommendations.
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City of Denton City Council Agenda
May 12, 1987
Page 3
Listed below are bids and purchase orders to be
approved for payment under the Ordinance section of the
agenda. Detailed back-up information is attached to the
ordinances (Agenda item 6,A). This listing is provided on the
Ccisent Agenda to allow Council Members to discuss any item
prior to approval of the ordinance,
i
A. Bids and Purchase Orders:
1. P.O. 178804- Rone Engineers - $23,000.00
B. Tax Refunds
1. Consider approval of a tax refund in the
amount of $535.22 to Lawyer's Title.
2, Consider approval of a tax refund in the
amount of $1,157.IS to First Texas Savings.
64 Ordinances
A. Consider adoption of an ordinance approving a 4
change order for a construction contract with
t" Calvert Paving Company for Yellowstone drainage
improvements.
B. Consider adoption of an ordinance providing for
the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in
g accordance with the provisions of state law A'
exempting such purchases from requirements of
competitive bids.
C. Consider adoption of an ordinance amending the
1986.87 budget of the City of Denton, Texas by
w` appropriating the sum of $21S,S00.00 from the '
unappropriated balance of the General Fund and
various other account funds to account number
100.041.020M-8938; providing for funding to flow
n effective I
Memothrithe HHospital;aanda declaring aan agreement
date.
r 7. Consider approval of a resolution expressing support
of the legislature creating the Denton County Hospital
District.
8, Ordinances
`s A. Consider adoption of an ordinance approving a
contract between the City of Denton and Freese
ty~ and Nichols, Inc, for engineering services and
A declaring an effective date.
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City of Denton City Council Agenda
May 12, 1987
Page 4 of an ordinance approving a
tion cost
wer th~main;
i B. consider adop ,s participation
contract for the Cl~ny oversized sewe
of installing to execute the contract
the Mayor approving the
authorizing
with T easley Road Associates; and providing for
,xpenditure funds therefore,
an date. rdinance accepting an
~lth Freese 6 Nichols,
Consider adoption of an o
C~ engineering agreement um and high
consulting Engineers, for raw water p P
service pump design and insta llati on. an
of an dinance approving
p, Consider adoption of Denton and the
agreement between the Git$oardI approving the
Texas water Development and providing for
expenditure of funds therefore;
an effective date. Peali~g the
Consider adoption of an ordinance re
E. Chapter 7 of the Code t Orbenaentitled
existing Chapter 7 to
adopt new
„ inge a Management",
r
hmergen
Y
4 9. Resolutions the
„ approval of a resolution appointing 1
A. Consider aeprr' uty City Manager and Executive
3,,, City Manag Directors of a
-d of
e v" x ~i, tor of Finan Depce
Direc to b Facilities Development
" t Denton Health
Corporation.
al of a resolution author issue
Consider aPProynotice of of City°
Obligation of of Denton,
i B. ublication Of
Certificates of ~ounicipal radio communication
illion.
` Texas to acquire a m
i
system in an amount not to exceed lliayor and City
t.; to Senate
Consider a motion authorizing~stoPpositlon
10. Manager to communicate the city Fees.
Bill 336 relating to capital Recovery Board
" from the Airporat
ft tht would
' 11. Receive a recommendation
supporting s portion of HJR95 and HB1736
only.
arty tax on aircraft
eliminate personal prop
12. Official Action on Executive Session items:
Legal Matters
A,
B, Real Estate
C, Personnel ointments s
D Board App
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City of Denton City Council Agenda
R May 12, 1987
Page 5
11. Miscellaneous matters from the city Manager
14, New Business.
This item provides a section for Council Members to I
suggest items for future agendas.
i
15. Executive Session:
I
A. Le al Matters Under Sec. 2(e), Art. 6252-17
gg
" V.A.T.S.
B. Real Estate Under Sec. 2(f), Art. 6252-17 `
V.A.T.S.«.
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S. r
41 1
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C E R T 1 F I C A T E
sted on the
I certify that the above notice of meeting was po
r bulletin board at the City Hall of the City of Denton, Texas
R on the day of y 1987 at of c) 3ci
44 (a. W.) p.m.
,
-CITYSECRETARY
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CITY of DWITON,TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 16201 / TELEFNCNf (81 7) 660 6907
Office of the City Menager ; r
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p! E M O R A N D U M
ai`~.t "t T0: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: May 7, 1987 r
P 6 SUBJECT: Response to the 800 Radio Syster: y
^ a i We will be holding a joint meeting of all interested parties u,
before the next Council meeting. At that meeting, we will be
able to determine how many participants we will have in the
ay ,~z+~±{ system. lie will be able to construct a new financial scenario
before the Council meeting and we will share those results with
you during the work session,
Assuming that the financial picture is favorable, we hav+
placed an ordinance on the agenda that will advertise the
intent of the Council to issue $1,000,000 worth of Certificates
of obligation for the system on June 160 1987.
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If you ha-re any further questions, please feel free to contract
c ve a
~ Deputy City Manager
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The meeting Is now scheduled for 1s30 p.m, on Tueeday, May 12.
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02
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council E
FROM., Lloyd V. Harrell, City Manager
SUBJECT, Plans for Martin Luther King, Jr. Recreation Center
RECOMMENDATION:
It is our recommendation that the plans submitted for the new
Martin Luther King, Jr. Recreation Center be approved. ~
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SUMMARY:
The Park Board and CDBG Committee have approved the plans. Also,
citizens who have attended several public hearings regarding this
facility have voiced their enthusiastic support for the plans.
BACKGROUND:
;t (See attached)
t4` PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: f
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„ Parke and Recreation Department and residents in the East Denton
area.
FISCAL IMPACT:
Increased staff, maintenance, and utility costs will add to the
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department's budget.
RESPECT .LY SUBMITTED:
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City Hager
Prepared by: rI
a m e Steve Brinkman
Title Director, Parke and Recreation
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Approved:
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BACI(~ GROUNDI 19864
re mai to tholinterested architects Auguste ~ reviewed
Requests fox,
Proposals received we
Theproposals
by Parks and Recreation Department and Planning Department staff.
The top architects were interviewed by members of the Park Board,
-26 986
CDBG Com►nitt30, and City staff on September 2staff,1the.CityeAttorneys
f, E results of those interviews were revi of the by CLBG committee and Park
=r City Manager, and at a joint mJurengArchitects, a local firm, and
Board. The &election of Gary architects ~
t Haywood Jordan McGowan SAI, Inc., a Dallas firm, l9 byropect Public hearings
was approved by the City Council on November 4,
were held in Dececber, 1986, January, 1987, and April, 1967, to allow
the citizens an opportunity to make recommendations on the project. f
The plans wore reviewed by the Development Review Committee on
February 24 and April 21. The Park Board and CDBG Committee Zoviewed
and approved the final plans on April 27. Upon approval by City the Council, Purchasing will
constructioniis targetedifortthee4thmquarter
by September, 1987. Final
of 1988.
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C1ry of aENTON, TEXAS Civic Center/ 321 E. UcKinneyl a*nton, TX 70201
CITY OF DENTON
PARKS AND RECREATION BOARD MEETING
MONDAY, APRIL 27, 1987
s
5:30 P.M. SENIOR CENTER
i
MEMBERS PRESENTS: Mike Campbell, Chairman
Gary Kirchoff, Vice Chairman
Catherine Bell i
Rita Pilkey
i i-TAFF PRESENT: Steve Brinkman, Director, Parks and Recreation
Chris Smith, Administrative Assistant
David Pryseski, Athletics Specialist
1 t Joy Hesch, Senior Secretary
OTHERS PRESENT: Randall Boyd, City Councilman
r z" ? CDBG Staff
CDBG Committee Members E
This was a joint meeting of the Parks and Recreation Board and the 1
CDBG Committee to review the final plans for the Martin. Luther King,
Steve Brinkman introduced 3ary Juren, who
1'aar,; ~l Jr. Recreation Center.
made the presentation. After the presentation, the joint meeting
was adjourned to separate areas for final dis^ussicn and approval.
I. MEETING CALLED TO ORDER
iI
The meeting was called to order by Mike Campbell, Chairman.
II. APPROVAL OF MINUTES FROM LAST MEETING
On a motion by Rita Pilkey, second of Catherine Bell, the
- minutes of the meeting of March 30, 1987, were approved.
III. OLD BUSINESS
t4 i
1. Review Final Plans for the Martf.n Luther King, Jr.
Aecreation Center:
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Danfon Parks and Recreation I Denfon, Texas I /8 f 71 aAe•A!! ro
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Parks and Recreation Board Meeting
April 27, 1987
Page - 2
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Gary Kirchoff moved that the Board approve the plans for
' the Martin Luther King, Jr. Recreation Center. Rita
Pilkey seconded the motion, The vote was unanimous in
favor of the motion.
2. Youth Sports Associations Minimum Standards:
Mike opened the discussion with a oummary of previous
meetings with representatives of the youth sports
associations. The memorandum from Steve to the Board,
dated April 22, 1987, listing the proposed minimum
standards for youth sports associations was discussed.
Mike Campbell proposed that Article 5 of the standards be I
amended to read "Participants who have played together as I
a team in one age group and are still in is same school
district be allowed to remain together as a team when
moving to another age group, through grade b." The vote
was unanimous in favor o! the amendment. Mike said the
standards will be phased in starting with kids entering
kindergarten in the fall. Gary moved, Rita seconded,
that the standards be approved as amended. The vota was
unanimous in favor of the motion.
3. Mandatory Dedication:
a Steve gave each member a copy of a letter he had written
to a member of the developers group explaining the
recommendation of the Board to allow the developers an
G $ additional three months to present their
plan to the
Board. The plan is to be presented to the Board at the
meeting on July 27, 1987.
IV, NEW BUSINESS
t
s None.
V. OTHER BUSINESS
`a None,
A}
VI. ADJOURN
On a motion by Gary Kirchoff, second of Rita Pilkey, the
meeta ng was adjourned.
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Serving thecitiesofBryan,Denton, Garland 6 Grcemille.
Ma} 1, 1987
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Mr. Lloyd Harrell
215 E. McKinney
Utilities Administration
Denton, TX 76201
Dear Mr. Harrell:
The Board of Directors has approved the Self-Insurance Program of the Agency.
I am requesting this issue to be placed on your agenda for the next City
Council meeting.
Enclosed is information relating to the Self-Insurance Program. I would be
very pleased to meet with you to discuss this issue in greater detail.
d Sincerely,
t , l r
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William F. Peak
Director of Financial Services
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Twee Muaklpd Power Agency P.O. Bat; 7000 Bryan, Tom 77805 1409) 873.3013
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TEXAS MUNICIPAL POWER AGENCY
F YDRKING SCHEDULE
TAXABLE 0E87 FINANCING
4/20/87 - 4/24/87 - Complete estimate of issue costs
Complete sizing of issue
- Finalize Official Statement
Prepare written and verbal presentation to
General Manager
t - Prepare any graphics for above
4/29/87 - Dry runs with General Manager for presentation
to Board of Directors
4/30/87 - Special Board meeting with staff presentations
to ratify Self-Insurance Program; approve Prcgram
Resolution and Risk Assumption Resolution
~I 5/5 - 5/15/87 - Seek Member City Resolutions approving activation
"`at 5/21 - 5/22/87 of Self-insurance Fund
- Mail draft of Official Statements to Rating
.t# Agencies
Due-diligence meetir;s with TU as needed
5/25/87 - Rating Agency presentations
6/8 - 619/87 - Bond pricing t
6/11 (or) 6/18/87 - Board meeting to approve Bond Purchase Contract
k5' 7/6 - 7/1/81 - Closing
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ARrnr~, including its right to exist and carry on business, to the end that such rights, privileges and
Mnchisc shn?e. be maintained and preserved, and shall not become abandoned, forfeited or in any
psnnrr impaired; provided, however, that the Agency shall not be required to comply with any such
orders to long as the validity or application thereof shall be contested In good faith. {
Srrrjos 13,07; Faymcni of Taxes and Claims. The Agency will, (rum time to time, duly ply
anvi discharge, or cause to be paid and discharged, any taxes, assessments or other governmental
r) x,grs lavvdully imposed on it or its properties when the same shall become due, and will dirt
phsrn•c and conform to all valid requirements of any governmental authority relative to any such j
pr„p„lie+.'ihe Agemy will keep da• Systoo and all pails thereof free (roan all other liens, claims,
d, nnnd+ and encumbrances to the end that the priority of the lien or the Bond Resolution on the Net
prvrnucs may at all times be maintained and preserved,
Nothing herein shall be construed as requiring the Agency to pay any tax, claim assessment or
V%crnmental charge or comply with any regulation during the time the vatciity thereof Is being ques.
+ . { toned by the Agency.
by 5rrteov l3AS: Insurance. Subject in each case to the condition that Insurance is obtainable at
reasonable rates and upon reasonable terms and conditions;
(a) The Agency wtll procure and maintain, or cause to be procured and maintained, at all
S times while any Bonds shall be Outstanding, insurance on the System in such amounts and against
c such risks as are usually insurable in connection with similar systems and are usually carried by
electric utilities operating similar systems. Such insurance shall be adequate in amount and as to
the risks insured against, and sbaIl be maintained with responsible insurers.
(b) The Agency will procure and maintain, or cause to be procured and maintained so long
~r as any Bonds shall be outstanding, public liability and property damage insurance as is usually
carried by municipal electric utilities operating sinillar properties,
j (c) The Agency will secure and maintain adequate fidelity insurance or bonds on all officers
and employees handling or responsible for funds of the Agency,
(d) The obligation hereunder to procure ai.d maintain Insurance with respect to a Joint
Project shall be met if the entity, acting as the manager of the joint Project, obtains and maintains
the insurance required for the benefit of all owners of the joint Project as their interest may appear,
(e) The Agency may establish and create a special fund with and to be held by a Depository
for the purpose of providing a self insurance fund and the amount deposited in such fund In any
" Fiscal Year shall be charged as an Operating and Maintenance Expense, Money in such fund, if
created, may be invested In Investment Securities, and Interest Income or Increment may be
retained therein or transferred to the Revenue Fund as may be determined by the Agency as
evidenced by a Written Certificate of the Agency. To the extent amounts may be held In such
fund, the faire amount of appropriate insurance policies may be reduced.
l Strnot, 8,09: Books and Aecordr, The Agency covenants that proper books of record and
st ouc,t will be kept in which full, true and correct entries will be made of all income, expenses and
hansictions of and in relation to the System, and each and every part thereof, in accordance with
Generally Accepted Accounting Principles. On or before 120 days after the close of each Fiscal Year of
Ilse Agency, a statement Showing the gross operating income and reversers, the operating and
mainlenana- charges and the net operating income of the System for the Fiscal Year their last
t completed, and a balance short of the Agency as of the end of such last Fiscal Year, all certified by
l' an indrprndent Certified Public Accountant, will be made available at the office of the Agency, The
AR+'ncy further covenants And agrees that the System, and each and every part thereof, and all books,
ku rrrou'd`,accounts,documents and vouchers relating to the construction, operation, maintenonrr rrn,l.
d
(Rider 3A)
SELF INSURANCE AND RISK MANAGEMENT PROGRAM
PURPOSE AND NEED FOR FINANCING
The Agency is exposed to certain risks of liability while engaged in the
performance of its duties and powers (the "Corporate Risks") and property owned by
or in the control of the Agency is subject to the risk of loss or damage from
accidents or other perils (the "Property Loss Risks"). Additionally, the Agency,
within the limits provided by law, has assumed the risk of liability for claims against
the Agency's employees and the members of the Agency's Board of Directors (the
"Board of Directors") oce.urhV during the discharge of their official duties and
within the scope of their office, employment or assigned work (the "Assumed
Risks"). (Together, Corporate Risks, Property Loss Risks and Assumed Risks are
referred to as "Combined Risks").
The Agency is authorized to Insure itself against liabilities and loss arising
out of Corporate Risks and Assumed Risks and is authorized to insure its properties
against loss and damage arising out of Property Loss Risks, either through
commercial insurance sources or through a defined and funded self-insurance
its
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established g~ Resofut o
has, by the Pro
Board of Directors has,
program. The Insurance and Risk Management Program (the "Program"). Additionally, the
Board of Directors has, by the Resolution, created the Risk Management Fund and
authorized the issuance of the Series 1987A Bonds to provide a portion of the Initial
capitalization thereof and to pay certain costs of Issuance. The remaining funds to
be deposited in the Risk Management Fund will be provided from current funds of
the Agency, Pursuant to the Program Resolution and the Resolution, funds may be
withdrawn from the Risk Management Fund to pay certain claims and losses arising
out of Combined Risks, to reimburse the Agency for certain costs of administering
the Program, and for other purposes specified In the Program Resolution. (See "The
Program Resolution").
While the Agency's experience with actual claims has been favorable, the
Agency and other public entities across the United States are experiencing
Increasing costs arising from claims, lawsuits and commercial insurance pricing. 14
With Increasing frequency, commercially provided liability and property Insurance Is
being offered, if at a11, at higher premium costs and, decreasing net coverage.
j Through the adoption of the Program Resolution and the Resolution, the Agency has,
on an actuarially reliable basis, removed from the normal budge-tary process, one of
its most volr.tlle elements of uncertainty (i.e. the risk of property and casualty
losses that are unpredictable as to timing or amount) and has established a flexible j
mechanism to handle such uncertainties at a maximum annual cost In a manner that II
Is similar to commercial Insurance but is more cost reliable over an extended period
t of time. Moreover, since the Program emphasizes important risk management
j Frinciples,money saved through a reduction of loss exposure will result in money
! returnable to the Agency as surplus under the Program Resolution, In comparison
with commercial Insurance programs, premiums paid are not generally refundable
even if no loss occurs during the policy period.
Based upon the historical claims experience of the Agency and relevant
industry standards, the scope of coverage and the payment limitations from the Risk
i
Management Fund set forth In the Program Resolution and other actuarial
considerations, Anlstles, Inc. C'Anistles"), New York, New York, professional risk
management consultants, has estimated that, within 90% certainty bounds, a deposit
of $in the Risk Management Fund (1) will provide primary, or first-dollar,
self-insurance coverage adequate to pay, on a claims made basis, all claims against
the Agency for damages arising out of the Corporate Risks and the Assumed Risks;
(11) will, on a continuous basis, provide a funded self-insurance retention In the
amount $5,000,000 for Property Loss Risks, and (Sit) will pay certain allocated costs
ar►d expenses o[ the Program, each for a period of 10 years. See Anisttes Report,
Aoaendix D. The Anistics Report has been reviewed, and the recommended level of
funding specifSed therein has been approved as an actuarially accurate funding level
to achieve 90°k certainty bounds, by E. J. Stergfou & Co. Consulting Actuaries, New
York, New York. See Ayoendix D, Exhibit
The Agency does not warrant that actual claims experience and future
payment requirements because of the Combined Risks will not be greater than that
forecasted by Anistics. However, under the Program Resolution, the aggregate
ayments from the Risk Management Fund for the payment of claims cannot exceed
$3,000,000, as to the Corporate Risks and Assumed Risks, and $5,000,000 (subject to
certain exceptions) as to Property Loss Risks, in any annual period. Additionally,
other limitations are Included in the Program Resolution. Should actual third-party
claims and liabilities exceed these amounts or exceed the other limitations
contained in the Program Resolution, or should the Risk Management Fund
otherwise be exhausted, claimants against, and judgment creditors of, the Agency
will be required to resort to such collection procedures as are otherwise provided by
Texas law. Subject to the defenses provided by law to the Agency, such collection
procedures might include a court order requiring the Agency to provide funds from
other sources, Including borrowing, in order to satisfy any such third-party claims
and liabilities.
To achieve actuarial soundness to the 901% certainty bounds employed by
Anlslles, the Risk Management Fund Is funded to a level significantly above
expected actual losses. See A radix D, Exhibits 1 and 2. This factor, along with
projected investment income and assuming positive risk management and loss
control efforts, causes Ardstles to believe that a surplus will be on hand in the Risk
Management Fund throughout its initial 10-year funding period. The amount of
surplus Arilstles assumes w;ll be avaftable each year E6 set forth in Anistles' report.
See Aradix~D, Exhibit The Program Resolution authorizes, but does not
require, the Claims Board (as defined below) to return any surplus to the Revenue
Fund for use for lawful purposes, including application to the debt service
r
equirements on Outstanding floods. Such transfers cannot occur more frequently
than annually and must be supported by a report of independent consulting actuaries
to the effect that such transfers wW not cause the Program to become actuarially
unsound. Should the Claims Board elect to maintain the surplus In the Risk
Management Fund, the retalnrd amount will continue to be invested and used for the
purposes of the fund, achieving still higher degrees of actuarial reliability. If
retained In the fund, such surplus would reduce the amount needed by the Agency to
replenish payments from the fund In order to maintain the fund's actuarial soundness
beyond its initial 10-year funding period and could be used to purchase commercial
insurance to protect the Agency against catastrophic losses.
The Program Resolution establishes coverage for third-party liability claims
without reference to existing or future commercial Insurance coverage. The funding
oor~n
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of a high level of self-insurance retention for first-party property loss is designed to
permit the Agency to purchase, at significantly lower premium rates, property loss
insurance with high maximum coverage and with large self-insurance retentions.
In any case, the Program Resolution prohibits payments from the fund for,
among other things, payments that are recoverable from commercial insurance
policies. For example, the first-party property loss coverage provided In the
Program Resolution contains a per occurrence and maximum annual limit of
$5,000,000 despite the fact that the Agency has in force, for one year, property
insurance coverage having a $2,000,000 self-insurance retention. Property losses
exceeding this amount would be first paid out of the insurance policy up to its limits
prior to using the remaining $3,000,000 in the fund available for losses arising out of
the same occurrence. Thus, the Risk Management Fund will be funded above the
requirements of Anistics for its first year because of the lower self-insurance
retention contained in the current commercial policy covering property losses.
i
Based on estimated claims to be paid, Vcluding fast-party property losses,
and the interest and investment rate assumptions used by Anistics and, assuming
that shock tosses do not occur that are not offset by reductions in claims In other
years, the average annual actual out-of-pocket cost to the Agency for the coverage
provided by the Program Resolution, (i.e., annual debt service less the estimated
annual surplus available to be released in each year averaged over the 10-year
period), Is expected to be $ See Appendix D, Exhibit 9.
Since the maximum costs of the Program are fixed for 10 years, whereas the
true cost of, commercial Insurance (i.e., premium plus deductibles or retentions) can
be calculated only for the duration of a policy, cost comparisons with commercially
provided Insurance cannot be made beyond the current year and are difficult to
compara In any event because of coverage differen,es. However, comparisons of i
costs of the Program In relation to the current costs of certain types of commercial
Insurance can be made. For example, Anlsties concludes that expected losses for
directom end officers liability represents approximately 21% of the total losses and
liabilities expected to be experienced by the Agency during the 10-year Initial
duration of the Program. See Appendix D, Exhibit 1. Thus, out of the total initial
funding for the Program provided by the Series 1987A Bonds, approximately
$ Is Included to provide, to W/o certainty bounds, sufficient funds to
pay directors and officers liability claims (and allocated expenses) arising during the
10-year period of the Program (tncludln those arising from the Agency's
participation in nuclear generating activities). The average annual costs of the
portion of the Program that provides directors and officers liability coverage (i.e.,
21% of the annual debt service on the Series 1987A Bonds less expected annual !
surplus returned to the Agency averaged over the 10-year period) Is $ . In
commercial insurance terms, this amount would represent the average annual,
i 10-year premium costs for directors and officers liability coverage under the
i Program to provide $3 Million first-dollar annual coverage blended to include other
risks.
In comparison the Agency recently rejected as too costly a directors and
officers insurance policy (excluding coverage for claims and expenses arising from
the Agency's participation In nuclear generating facilities) having a $1,100,000
one-year premlLn cost and providing $10 Million 1-year maximum coverage, with a
$ self-insurance retention. In order to reach the fLst-dollar with which
the Agency could pay claims under this policy, the Agency would be required to pay
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out of its own funds the true cost of the policy equal In amount to the total of the
premium cost plus the retention, ors The Agency believes that
such an expenditure would not be reasonable.
The Agency further believes that a reduction In maximum coverage (from
$10,000,000 to $3,000,000) is reasonable based upon Ardstles' estimates that the
average annual loss during the 10-year period of the Program as a result of
directors and officers liability is $241,925. See A ndix D, Exhibit 1.
The Program Resolution authorizes the Claims Board, and the Agency
expects, to purchase excess, shock-loss liability coverage from commercial sources
when and If such coverage becomes available at reasonable cost. Under the
Program Resolution, the payment of premiums for all property and casualty
insurance may be paid out of the Risk Management Fund as a cost of the Program.
However, Anistles assumes that such premiums will be paid from other Agency
sources.
THE PROGRAM RESOLUTION
The Program Resolution was adopted for the purpose of defining the terms,
provisions and elements of the Program. The Program Resolution establishes the
? Agency's Claims Board (the "Claims Board") and assigns to it the responsibility for
the administration of the Program, subject to the superior authority of the Board of
r Directors. The Claims Board will be composed of (i) the Agency's General Manager,
as Chairman, 00 an employee of the Agency designated by the General Manager,
(11l) the Agency's Director of Financial Services, (Iv) the Agency Attorney, and (v)
the Risk Manager. The Program Resolution also sets forth the duties and
responsibilities of the Agency's Risk Manager.
r . ' The Program Resolution authorizes the Agency through the Claims Board,
among others, to administer the settlement of claims when appropriate, to provide
for the litigation of contested claims, and to withdraw funds from the Risk
Management Fund for the following purposes:
(a) to reimburse the Agency for certain costs of administering
the Program (including costs of purchasing commercial insurance);
(b) to pay, beginning with C,, first dollar, all damages for (1)
economic losses sustained to the Agency's real and personal property or i
property otherwise covered under the Program Resolution that arise from a
P Properly Loss Risk; and (ii) claims that the Agency shall become legally
obligated to pay, Including settled claims, that arise from an Assumed Risk or
arising from a Corporate Risk that have restilted in Bodily Injury, Personal
Injury, Property Damage, Advertising Injury and Regulatory Injury (as such
terms are defined In the Program Resolution)
(e) to pay fund surplus to the Agency; or
(d) to pay or retire (by scheduled payment, prepayment,
defeasanee or otherwise) any obligation of the Agency incurred In connection
with providing funding for the Risk Management Fund.
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In an attempt to reduce ti a likelihood of loss-producing events and the
economic consequences that may result, the Program Resolution focuses on the
following three risk management and funding strategies:
(a) The Agency's loss prevention program Includes measures aimed at
preventing accidents or incidents that create loss. The Program Resolution directs
the Risk Manager to Identify and quantify the risks that have the potential to result
in loss and Iiabllity by the Agency and, subject to the approval of the General
Manager and the Claims Board, devise and implement programs designed to reduce
the Agency's exposure to loss and babitity.
i
(b) The Agency's loss control program includes steps that are taken to
reduce or mitigate ultimate cost to the Agency. The Program Resolution
establishes a structure designed to efficiently administer claims and directs the Risk
Manager to develop an Information system to report claims, loss and expense
Information to the Claims Board and the Board of Directors.
i
(c) :ne Agency's loss financing program Is designed to provide under
j known and favorable market conditions a method of providing the funds required to
pay Ago.ncy liabilities for damages and losses arising out of the Combined Risks
with tf.e ability to receive a return of its money for general purposes to the extent
loss does not occur. The Program Resolution provides the Agency with the
flexibility over the initial 10-,year period of the Program to combine self-insurance
with commercial insurance to a manner and from time to time that proves to be
most economical and beneficial to the Agency, based upon general economic,
d - investment and commercial insurance pricing considerations.
Various limitations as to the amount of withdrawals that may be made from
the Risk Management Fund are provided in the Program Resolution. Among these
are the following:
(a) The aggregate amount of withdrawals from the fund to pay all claims
arising from Corporate Risks that arise from any one occurrence may not exceed
5100000000.
I
(b) The aggregate amount of withdrawals from the fund to pay all claims
arising from Assumed Risks that arise from any one occurrence may not exceed
$1,000,000.
(c) The he aggregate amount of withdrawals from the fund in any one
er od to ,0 0claims arising from Corporate Risks and Assumed Risks may
annunotal al period
(d) The aggregate amount of withdrawals from the fund to pay all claims
arising from Property Loss Risks that arise from any one occurrence may not exceed
$5,000,000.
(e) The aggregate amount of withdrawals from the fund in any one
annual period to pay all claims arising from Program Property Loss Risks may not
exceed $5,000,000. A withdrawal from the fund may be made that causes the limit
' on -aggregate withdrawals prescribed by this provision to be exceeded If such
withdrawal does not render the fund actuarially unsound, as determined by a
professional actuary.
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In order to protect the actuarial Integrity of the Risk Managemer.+ Fund, the
Agency has agreed In the Resolution that it will not amend the Program Resolution
to increase the limitations on withdrawals from the Risk Management Fund while
any of the Series 1978A Bonds remain outstanding. Otherwise, the Agency has the
right to amend the Program Resolution and to alter the Program in any manner that
it may deem appropriate.
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A RESOLUTION by the City Council of the City of
Texas, approving the
creation of a "Risk Management Fund" by a
Bond Resolution to be adopted by the Texas
Municipal Power Agency; and providing an
effective date.
WHEREAS, by Resolution 87-4-28 the Board of Directors
of the Texas Municipal Power Agency has requested that the
cities of Bryan, Denton, Garland and Greenville, Texas,
consider the approval of the creation and establishment of an
additional Fund to be known as the "Risk Management Fund" prior
to the issuance of Bonds to fund, in part, the proposed self
insurance fund;
WHEREAS, the request for such approval is contemplated
by the Power Sales Contracts by and between the Agency and said
Cities and the said Fund has also been contemplated by the
resolutions authorizing the issuance of Bonds by the Agency;
WHEREAS, it appears that economies may be effected
and/or insurance obtained through such self insurance program;
'x now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TEXAS:
SECTION 1: The creation of an additional Fund (in
xr addition to those established by Article V of the resolution
authorizing the issuance of the Texas Municipal Power Agency
Revenue Bands, Series 1976), to be known as the "Risk
Management Fund," for the
fund is hereby purpose of providing a self insurance
approved by and on behalf of this City,
1 ,
SECTION 2: This approval of the creation of such Fund
for the aforesaid purpose shall be effective upon approval
being given by the governing bodies of the Cities of Bryan,
Denton, Garland, and Greenville, all as contemplated and
: provided by the Power Sales Contracts by and between such
P; Cities and Texas Municipal Power Agency.
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SECTION 3: This resolution shall be effective from
and after its passage, and it is so resolved,
PASSED AND APPROVED this day of ,
1987,
Mayor, City of
Texas
ATTEST:
City Secretary (Clerk)
City of Texas
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MINUTES AND CERTIFICATION PERTAINING TO
PASSAGE OF RESOLUTION
STATE OF TEXAS
COUNTY OF GRIMES §
On this the 30th day of April, 1987 the Board of Directors (the "Governing
Body') of the Texas Municipal Power Agency (the "Agency") convened bi special
meeting at 3:30 p.m., In the Republiebank Tower, 5th Floor Boardroom, 700 West
1 Avenue A, Garland, Texas, the meeting being open to the public and notice of the
meeting giving the date, Elace and subject thereof having been posted as prescribed
by Article 6252-17, Vernon's Annotated Texas Civil Statutes, and the roll was called
of the duly constituted officers and members of the Governing Body, which art, as
follows:
t
Marvin Tate, President Avon Acker )
N'. R. Allen, Jr., Vice President Don HoWster )
tiW Taylor, Secretary/Treasurer Hank McQuaide ) Directors
Richard Stewart )
Ro!and Vela }
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%&II of such persons were present, except the following absentees: ~xa hb1/,~~f'r ~r.. ;
thus cortuting
a quorum. Whereupon, among other business, the following was
transacted: as
written Resolution bearing the following caption was Introduced:
A Resolution by the Bond of Directors of the Texas Municipal
t Power Agency (the "Agency") Creating the Officer and
Employee Liability Plan for the Texas Municipal Power
Agency; Providing the T ins and Provisions of the Plan; and
Containing other Matters Related Thereto
a4 The Resolution, a full, true and correct copy of which Is attached hereto, was
read and reviewed by the Coverning Body.
Upon motion duty made and seconded, the Restitution was passed and adopted
v by the following vote:
AYES: ti
1 A+ sl: Iii
NOES: p
A ABSTENTIONS: Q
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° The Presiding Officer then declared the Resolution passed and approved and
signed the same in the presence of the Governing Body.
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MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT and to
correctly reflect the duly constituted officers and members of the Governing Body,
and the attached and following ropy of said Resolution Is hereby certified to be a
true and correct copy of an official copy thereof on file among the official records
of the Agency, all on this April 30, 1937.
President, Board of Directors
ATTEST:
let
Secretary reasurert of Directors
[SEAL)
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RESOLUTION NO. 87-4-1
A RESOLUTION BY THE BOARD OF DIRE„ TORS OF THE
TEXAS MUNICIPAL POWER AGENCY ([HE "AGENCY")
CREATING THE OFFICER AND EMPLJYEE LIABILITY
PLAN FOR THE TEXAS MUNICIPAL POWER AGENCY;
PROVIDING THE TERMS AND PROVISIONS OF THE PLAN;
AND CONTAINING OTHER MATTERS RLLATED THERETO
i WHEREAS, the Agency is permitted by lava to provide for the defense of, and
j the payment of claims against, its officers and --mployees when and while acting in j
kj the ordinary course of their duties, powers, and functions; and
WHEREAS, the Board of Directors his found and determined that provision
therefor should be made In accordance V.th this Resolution and subject to the
timi•ations contained herein;
NOW, THEREFORE, BE 11' RESOLVED BY THE BOARD OF DIRECTORS OF
THE TEXAS MUNICIPAL POWER AGENCY:
Section 1. Definitions,
f
The following terms, as t+sed In this Resolution, shall have the following
meanings unless the context otherwise requires:
t "act" Includes an omission or failure to act.
' "Agency" means the Texas Municipal Power Agency.
Vehick." means a vehicle or any mobile equipment leased or owned "
b the eney.
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"Attorney" means the general counsel of the Agency or any other attorney at
law designated by the Agency as Its counsel.
"Board of Directors" means the Board of Directors of the Agency.
"Claims Board" means the Agency's Risk Claims Board created by the r
Program Resolution.
"Coverage Determination Action" means an action by a Plan Member to
determine coverage under the Plan pursuant to Section 7 of this Resolution.
1+ ,
"Coverage Determination Expenses" means the reasonable expenses incurred
by a Plan Member In connection with a Coverage Determination Action (including,
' but not limited to, costs awarded by a court and attorneys' fees) that the Agency is
not precluded by law ft om paying. j
"Covered Act" means any not of a Plan Member that (a) occurs during the
discharge of the member's official duties for the Agency, and (b) Is within the scope
of the member's office, employment, or assigned work with the Agency, as
applicable.
"Excluded Action" means any claim or suit against a Plan Member.
(a) by the Agency;
(b) that results from (1) an Intentional or knowing violation of a penal law
(including an administrative agency rule having the force and effect of law)
direction of, t1 consent of,tthe Plan Member, or (it) an act
committed by, or with the knowledge
of fraud committed by, or at (c) that arises while the Plan Member Is operating an Agency Vehicle
with no authority to do sr•;
(d) that asserts or alleges liability assumed by the Plan Member under a
contract, unless the contract is entered Into at the request of the Agency;
es a
(e) that inclu
the member against the Agency forobenetIts w de rthe Plan ber of a claim or suit of the
(f) for punitive damages that are not recoverable rgainst the Agency in
law; or
(g) for damages or other payments that the Agency Is precluded from
paying by law.
"Excluded Loss" means a::y of the following:
(a) any Loss that arises out of an Excluded Action;
(b) any Loss the payment of which by the Agency is pre,.Iuded by law; `
ti 1 (c) any Loss arising out of a claim or suit resulting from a Covered Act
that occurred before the Plan took effect if such claim or suit is barred by any
statute of limitations;
{d) any Loss arising out of a claim or suit resulting from a Covered Act E j
j i
that occurs while the Plan is in effect if:
f, (1) the Plun Member experiencing the Loss becomes legally
obligated to pay the Loss after the Plan Is terminated; and
(is) such claim or suit Is barred by any statute of limitations; or
(e) any Loss arising out of a claim or suit resulting from a Covered Act
that occurs after the Plan Is terminated.
t "Loss" means the damages that a Plan Member is legally obligated to pay that
arise from a claim or suit resulting from a Covered Act. `
ry sr
"Loss Expenses" means any of the following:
(a) the expenses Incurred by the Agency in connection with the
;y Investigation or defense of a claim or stilt that may result In a Plan Claim;
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(b) the costs taxed against a Plan Member to a suit that results In a Plan
Claim and any pre-judgment or post-judgment interest for which the Plan Member
is liable;
(c) the reasonable expenses of a Plan Member inewred at the Agency's
request in connection with a claim or suit that may result In a Plan Claim; and
(d) any attorneys' fees ordered by a court to be paid by a Plan Member in
a suit that results in a Plan Claim.
i "Plan" means the Texas Municipal Power Agency Officer and Employee
Liability Plan, as established by this Resolution.
Plan Claim means any Plan Loss together with the Plan Loss Expenses that
result from the claim or suit giving rise to such Plan Loss.
"Plan Loss" means any Loss that Is not an Excluded Loss.
"Plan Loss Expenses" means (a) any Loss Expenses, except those Incurred in
connection with an Excluded Action, and (b) any Coverage Determination Expenses.
"Plan Member" means an individual who at any time (whether before or after
the establishment of the Plan) Is or has been:
(a) an employee of the Agency;
(b) a member of the Board of Directors or other officer of the Agency; or
1
(c) a member of any Agency board or committee created by official
action of the Board of Directors.
"Program Resolution" means Resolution No. 87-4-2A (which establishes the
Texas Municipal Power Agency Self-insurance and Risk Management Program), as
t from time to timb amended.
Section 2. Plan Established.
r k The Agencyy hereby establishes the "Texas Municipal Dower Agency Officer
a' and Employee Llabillty Plan," which shall consist of the polio es, rights, and duties
y w embodied in this Resolution. The Plan shall be implemented and administered as
provided by this Resolution.
.9
Section 3. Defense and Settlement,
a Plan (a) The that Agency will defend
results from a Coe d Acteven If the suit is groundless or
fraudulent.
(b) The Agency may Investigate, negotiate, or settle arty claim or suit
a against a Plan Member that results from a Covered Act, as the Agency determines
necessary or appropriate, without the consent of such Plan Member,
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Section 4. Payment of Plan Claims,
(a) Subject to Suhaeetion (b) of this scetion, the Agency will pay each
Plan Claim.
(b) To be entitled to payment by the ACcrwy for a Plan Claim, a Plan
Member must:
(i) notify the Claims Board in writing as soon as practicable
after receipt or written notice of any claim or suit that may result In the
Plan Claim, and in any event not later than ihiro working days after such
receipt;
(ii) cooperate with the Claims Board in the Investigation,
negotiation, or settlement of any claim or suit giving rise to the Plait Claim
and In enforcing any right o: contribution or indemnity against an individual
or organization who may be liable to the Agency because or the payment by
the Agency or the Plan Claim;
(ill) assist in the conduct of any hearing or trial held In
connection with the Plan Claim, Including (but not limited to) attending the
hearing or trial, securing and giving evidence, and obtaining the attendance
of witnesses;
(Iv) not, except upon advice of the Attorney or when questioned
by a police officer at the scene of an accident, give any oral or written
r statement or enter Into any stipulation or agreement concerning a claim or
suit resulting In the Plan Claim;
(v) not, except at the Plan Member's own expense, voluntarily
make any payment, assume any obligation, or Incur any expense with respect
to any elalm or suit resulting in the Plan Claim without the consent of the
Claims Board;
f NO deliver to the Claims Board, promptly upon receipt, any
L; demand, summons, notice, or other process received by the Plan Member In
connection with any claim or suit that may result in a Plan Claim;
y"r w (vii) comply with the claims administration procedures of the
Claims Board; and
0110 perform the duties and comply with the requirements
imposed on the Plan Member by this Resolution or by the Program Resolution,
Section S. Legal Renree.~ ntation.
(a) The Agency will provide legal representation for a Plan Member in a
claim or suit, except an Excluded Action, in which the asserted or alleged liability
of the Plan Member results from a Covered Act,
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(b) If the Attorney determines that there exists a conflict of iriterest for
the Attorney to represent a Plan Member (pursuant to Subsection (a) of this section),
the Agency will pay the reasonable fee of a private attorney to represwzi the Plan
Member. The private attorney will be selected by the Claims Board,
Section 6. Suhro L% ion.
If payment of u Plan Claim or legal representation is provided to a PIW-.
Member under the Plan, the Agency is subrogated to the Plan Member's rights or
recovery against any individual or organization to the extent of the Agency's
payment or liability for payment. A Plan Member shall execute and deliver to tine
Claims Board such documents as are necessary to secure this right of subrogation in
the sole opinion of the Attorney. A Plan Member shall not do anything after a I'Lur
Claim Is Incurred to prujudiec this right.
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Section 7. _Determination of Coverage.
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(a) If the Agency denies coverage under the Plan to a Plwt Member, the
Plan Member may seek a determination by a court of proper jurisdiction of whether
the member Is entitled to such coverage.
a
a (b) If the court rules In favor of the Plan Member, the Agency shall
a provide such coverage to the Plan Member and shall reimburse the member for the
h Coverage Determination Expenses.
i k Section 8. No Creation of Cause of Action.
Nothing contained In this Resolution shall be construed as creating a right or
cause of action against a Plan Member or as giving a right to a third party to
institute or maintain a suit that would not otherwise exist under law as a legal claim
against a Plan Member.
Section 9. Administration of Plan,
The Claims Board is responsible for the administration of the Plan in
accordance with its terms, subject to the superior authority of the Board of
Directors. In the course of carrying out this responsibility, the Claims Board shall
Interpret and apply the provisions of this Resolution.
Section 10. Amendment. Repeal, and Termination.
This Resolution may be repealed or amended at any time, subject to existing
1 rights of Plan Members under Section 4 of this Resolution, and the Agency may
modify or terminate the Plan at any time.
Section 11. Conflicts with Other Resolutions.
This Resolution shall not operate to repeal or affect any other resolution of
the Agency except to the extent that the provisions thereof are inconsistent or In
conflict with this Resolution, In which event, such Inconsistent or conflicting
provisions In such other resolution are hereby repealed.
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Section 12. Soverability.
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If any part of this Resolution is held to be invalid for any reason, such holding
shall not affect the validity or the remaining parts of this Resolution.
Section 13. Governmental Reaulatioi
the regulations provided in this Resolution are hereby declared to be
governmental and for the health, safety, and welfare of the general public.
Section 19. Payments Soblect To Appropriation.
All amounts payable under this Resolution are subject to available and
Ilj appropriated funding therefor, except that appropriation shall not be required to the
extent funding is available therefor under the Program Resolution.
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Section 15. No Right to Fund by Plan hlemher.
This Resolution does not grant any right to any Plan Member In or to the Risk
Management Fund created by the Program Resolution,
Section 16. Effective Date of Plan. E
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The Plan shall become effective on April 30, 1957.
PASSED AND APPROVED AND EFFECTIVE on this the 30th day of April,
1987.
o-,
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4,'1j r ATTEST: i
' Secretary, Board gADireotors,
Texas Municipal Power Agency
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APPROVED AS TO FORM:
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Gene l Counse ,
` Texas Muni pal Power Agency
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MINUTES AND CERTIFICATION PERTAINING TO
PASSAGE OF RESOLUTION
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STATE OF TEXAS §
COUNTY OF GRIMES § i
On this the 30th day of April, 1987 the Board of Directors (the "Governing 1
Body) of the Texas Municipal Power Agency (the "Agency") convened in special !
meeting at 3:30 p.m., in the RepublicBank Tower, 5th Floor Boardroom, 700 West
Avenue A, Garland, Texas, the meeting being open to the public and notice of the
meeting giving the date, place and subject thereof having been posted as prescribed
by Article 6252-17, Vernon's Annotated Texas Civil Statutes, and the roll was called
of the duly constituted officers and members of the Governing Body, which are as
f ollows:
Marvin Tate, President Avon Acker )
W. R, Allen, Jr., Vice President Don Hollister )
Bill Taylor, Secretary/Tre asurer Hank McQuaide ) Directors
Richard Stewart )
` Roland Vela )
and all o such perso were present, except the following absentees: a).
thus constituting
a quo m" Whereupon, among older business, the following was tr asarted: a
written Resolution bearing the following caption was Introduced:
A Resolution by the Board of Directors of the Texas Municipal
Power Agency (the "Agency") Establishing the Agency's
Defined Self-Insurance and Risk Management Program;
Creating the Agency's Risk Claims Board; Providing the Terms
for Withdrawals from the Fund; and Containing Other "
Provisions Relating to the Sublect f
The Resolution, a full, true and correct copy of which Is attached hereto, was
read and reviewed by the Governing Body.
Upon motion duly made and seconded, the Resolution was passed and adopted
by the following vote:
AYES: (G
NOES: 0
0
ABSTENTIONS: _
The Presiding Officer then declared the Resolution passed and approved and
signed the fame In the presence of the Governing Body.
I
MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT and to
correctly reflect the duly constituted officers and members of the Governing Body,
and the attached and following copy of said Resolution is hereby certified to be a
true and correct copy of an official copy thereof on file among the official records
of the Agency, all on this April 30, 1987.
President, Board of Directors
ATTEST:
Secretary/Treasurer, Bo of Directors
F ' j" [SEAL]
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SELF-INSURANCE AND RISK MANAGEMENT r„
PROGRAM RESOLUTION
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x3~ TEXAS MUNICIPAL POWER AGENCY
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Adopted April 30, 1987
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CONTENTS
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Recitals 1
Resolving Clause
1
Article L General Provisions f
Section 1.01. Definitions 2
Section 1.02. Interpretation y
Article 11. Establishment of Program f
Section 2.01. Program Established g
Section 2.02. Claims Board Created g
Section 2.03. Pawers, Duties, and Functions of Claims Board Generally 9
Section 2.04. Claims Board to Administer Program 10
Section 2.05. Capitalizing the fund 10
Section 2.06. Risk Retention Polley 10
t' , ^ w Section 2.07. No Admission of LlaMllity for Claims 10
Article 111. Regulation of Risk Management Fund
y Section 3.01. Authorized Withdrawals from Fund 11
f, Section 3.02. Control of Withdra%als'rom Fund 11
Section 3.03. Method of Withdrawal fr,)m Fund 11
Section 3.04. Withdrawal of Fu-,g Surplus 12
Section 3.05. Limits on Amount of Withdrawals for Program Claims 12
Section 3.06. Deposits and lr+estments of Fund 12
Article IV, Administration of Claims
Section 4.01. Administration of Claims Generally 12
Section 4.02. Claims Adjusters 12
Section 4.03. Defense of Claims 13
Section 4.04. Settlement of Claims 13
W- Section 4.05. Payment of Non-Covered Claims 13
Article V. Rish Management
Section 5.01. Risk Manager 14
W' ' m Section 5.02. RIEk Management Activities Generally 14
~Seetit,n 5.03. Program insurance 15
Section 6.04. Cooperation with Agency Administration 15
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Article Vl. Other Program Provisions
Section 6.01. Report to Board of Directors on Program Status 15
Section 6.02. Alteration and Termination of Program 16
Section 6.03. Effective Date of Program; Duration 16
Article VII. Miscellaneous Provisions
Section 7.01. Conflicts with other Resolutions 16
Section 7.02. Severabllity 16
Section 7.03. Governmental Regndalions 16
Schesdule A Excluded Corporate Claims
Schedule B Excluded Properly f
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RESOLUTION NO. 87-4-2A
A RESOLUTION BY THE BOARD OF DIRECTORS OF THE
TEXAS MUNICIPAL POWER AGENCY (THE "AGENCY")
ESTABLISHING THE AGENCY'S DEFINED SELF-INSURANCE
AND RISK MANAGEMENT PROGRAM; CREATING THE
AGENCY'S RISK CLAIMS BOARD; PROVIDING THE TERMS
FOR WITHDRAWALS FROM THE FUND; AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT
WHEREAS, the Agency is exposed under law to certain risks of liability while j
the Agency exercises its duties and powers as a municipal corporation and political
subdivision of the State of Texas; and
WHEREAS, pursuant to its authority under law, the Agency, by resolution,
has assumed the risk of liability for certain losses of and possible claims against its
officers and employees and has established the "Texas Municipal Power Agency
Officer and Employee Liability Plan;" and
WHEREAS, the Agency is empowered to utilize the usual forms of insurance
and enter into contracts for specialized insurance appertaining to property and risks
in connection with and incident to the ownership, operation and maintenance of
electric facilities, and {
WHEREAS, the Board of Directors has found aiA determined that current
rates from Insurance providers for coverage of the Agency's exposure to risks of
Rabllity and loss are prohibitive or excessive In cost, and, If such insurance coverage
were purchased, an unacceptable burden on the Agency's budget and, consequently, f
Its customers would result, in return for only minimal coverage of the risks; and
WHEREAS, the absence of funded arrangements for paying potential claims
in connection with certain risks of liability and loss to which the Agency is exposed,
either through reasonably priced insurance or through a defhed and pre-funded
self-insurance program, creates extraordinary burdens on the Agency's budgetary
process and exposes the Agency and lts wistomers to unexpected surges in
expenditure requirements that cannot by ',-:geted for in advance, to the detriment
of other Agency requirements for funds; and
WHEREAS, the Board of Directors has found and determined that It Is in the
best interests of the Agency and its customers to establish and maintain a
< pre-funded self-insurance and risk management program, to provide for a risk
management fund, to defiri the type and extent of claims that may be paid from
the risk management fund, and to provic a for contributions to the risk management
fund In amounts that are based upon actuarial analyses of the covered risks and the
possible claims that may be paid from the iund;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE TEXAS MUNICIPAL POWER AGENCY:
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' ARTICLE I
GENERAL PROVISIONS
i
A Section 1.01. Definitions.
The following terms, as used In this Resolution, have the following mea-dngs
unless the context requ[res otherwise:
"act" Includes sn omission or failure to act.
Administrative Expenses means the expenses of administering the Program,
to the extent designated as such by the Claims Board, Including (but not limited to)
the following:
(a) the compensation paid to the Risk Manager or to any risk
management consultant;
(b) the eonpensatlon paid to any Claims Adjuster or any professional
actuary;
(c) the expenses of defending any Claim, including (but not limited to)
the following:
(1) compensation paid to expert witnesses;
(ii) fees and expenses of attorneys and court cosks; and
(ill) Invest lgatIon expenses;
li) any expenses incurred by the Agency In the course of any financing
' undertaken to provide funding for the Fund or to repay any obligation incurred by
the Agency in the course of such a financing; or
(e) the cost of Program Insurance (including any compensation paid to ry.<
brokers) that is purchased In accordance with the Program Resolution.
"Advertising Injury" means any injury to a person that results from the
promotional activities of the Agency if such injury arises out of any one or more of
the following acts:
(a) piracy, plagiarism, unfair competition, or idea misappropriation under
implied contract; or
(b) infringement of copyright, title or slogan, registered trade mark,
service mark, or trade name.
"Advertising Injury Claim" means a Program General Liablllty Claim in which
the Damages are asserted to be the result of Advertising Injury.
"Agency" means the Texas Municipel Power Agency.
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"Agency Attorney" means the general counsel of the Agency or any other
attorney at law designated by the Agency as its counsel
4 "Agency Loss Expenses" means any Assumed Loss Expenses that constitute
expenses Incurred by the Agency in connection with its investigation or defense of a
claim or suit that may result In a Plan Claim.
"Annual Period" means the period beginning on the effective date of the
Progn am and continuing through September 30, 1987, and, thereafter, means the
period of 12 consecutive calendar months beginning on October 1, 1987 and on each
successive October 1.
"Assumed General Liability Claim" means any Plan Claim for which the
Agency, in the judgment of the Claims Board, Is liable.
"Assumed Loss Expenses" means any "Loss Expenses" as defined in the Risk
Assumption Resolution. i
"Assumed Risks" means the risks for which the Agency has assumed liability
pursuant to the Risk Assumption Resolution.
"Board of Directors" means the Board of Directors of the Agency.
"Bodily Injury" means any physical harm or physical Illness sustained by any
r ti , , 4 individual, including a resulting death.
"Claim" means any claim or suit against the Agency, or any claim or suit d
agalnst any Plan Member that the Agency Is responsible for defending under the
Risk Assumption Resolution, regardless of whether any Damages resulting from such
E ; F G claim or suit are permitted under the Program Resolution to be paid from the Fund. ;
"Claims Adjuster" means any person designated as Claim Adjuster as provided
F' by Section 4.02 of the Program Resolution.
" i "Claims Board" means the Rine Claims Board created by Section 2.02 of the
r r Resolution.
Program
"Corporate General Liability Claim" means any Corporate General Liability
Damages, together with the Corporate General Liability Expenses that result from
the Claim giving rise to such Corporate General Liability Damages, but does not
include any Excluded Corporate Claim.
"Corporate General Liability Conduct" means any of the following:
(n~) any Error or Omission that causes an Injury; or {
(b) any other conduct of the Agency or a Plan Member that causes an #
Injury.
"Corporate General Liability Damages" means the Damages for which the
Agency, in the Judgment of the Claims Board, Is liable as a result of a Claim arising
from Corporate General Liability Conduct.
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"Corporate General Liability Expenses" means the court costs, pre-judgment
and post-Judgment interest, attorneys' fees, and any other expenses or costs for
which the Agency, in the judgment of the Claims Board, is liable as a result of a
Claim giving rise to Corporate General Liability Damages.
"Corporate General Liability Risks" means the risks for which the Agency, as I
a municipal corporation and political subdivision, may be held liable by operation of
law in the course of performing its duties and powers.
"Damages" means compensatory damages, punitive damages, special '
damages, or any other classification of damages that lawfully may be awarded
against the Agency or a Plan Member as a result of a Claim.
"Error or Omission" means any act of a Plan Member that results in or
constitutes an erroneous or improper discharge of such Plan Member's official duties
for the Agency (including the making of an incorrect statement), but that does not
constitute legally actionable fraud or an intentional or knowing breach of duty.
"Excluded Corporate Claim" means any:
(a) Workers' Compensation Payment; or
(b) Claim of a type described in Schedule A to the Program Resolution.
"Excluded Payment" means any of the following payments:
(a) the payment of a Program Claim that is not made while the Program
is in effect in accordance with applicable claims administration ed
. , Proc ores;
t (b) the payment of all or that portion of any Program Claim, or of any
other item for which a withdrawal from the Fund is permitted by Section 3.01(a) of
the Program Resolution, that, in lieu of payment from the Fund, can be paid from:
' (1) any insurance proceeds available to the Agency, including
(but not limited to) casualty or li:11lity insurance, workers' compensation
insurance, or property insurance;
(ii) the proceeds of any insurance carried under any health,
accident, or similar plan of benefits provided by the Agency; or j
(Ili) any fund, reserves, or other sours t; of payment available to I
the Agency that:
(A) has been designated or otherwise set aside for such
purpose; or
(a) the General Manager directs to be used for such
purpose;
(c} the payment of an Proi
y gram General Liability Claim arising from an
Injury that results from the distribution (whether by sale, gift, or otherwise) of an
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alcoholic beverage, other than a distribution at an activity or function that is
incidental to the Agency's business, that:
0) is In violation of the law;
(Ip Is t•: a minor or to an individual who is under the Influence of
alcohol; or
(iii) causes or contributes to the Intoxication of any Individual;
j (d) the payment of any Program Claim a<•[sing from an Injury that results
( from declared or undeclared war o Incident it war, oInsurrection, rebeWon, or
A similar hostility) or any act
(e) the payment of any Program Claim:
W in which the Agency's liability exists by virtue of the Texas
Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code,
Vernon's Texas Codes Annotated, regardless of whether the Agency Is a
defendant, that exceeds the limits on liability applicable to the Agency under
that statute;
(ii) that the Agency Is otherwlse granted immunity from paying,
or Is precluded from paying, by law; or
(iii) in an amount that exceeds any limits prescribed by the
Progt'ann Resolution on the amounts of withdrawals that may be made from
the Fund to pay Program Claims.
"Excluded Property" means any of the property ldcntlfied In Schedule B to
the Program Resolution, :!ibject to any qualifications, limitatlons, or exceptions
it .
therein prescribed.
"Extra Expense" means the amount of the excess Of y) of total the Program
during any period of restoration of Loss Covered Property resulting from
property Loss that is chargeable to the conduct of the business of the owner of such
property over the total cost that would normally have had incurred o conduct such
business during such period if no Program Property boss "Finance Direetor" means the individual having the responsibility for the
' management of the Agency's financial affairs. y
a "Fund" means the "Risk Management Fund" created by the Funding
Resolution.
"Fund Surplus" means the amount of money In the Fund that Is In excess of
the amount that, based on the recommendation of a professional actuary, is required i
to maintain the Fund on an actuarially sound basis, to the extent reasonably
practicable, for the period of time and the risks of loss for which it Is then funded.
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"Funding Resolution" means Bond Resolution No. 87- of the Agency or
any resolution subsequently adopted by the Agency authorizing the Issuance of
obligations of the Agency the ~lroceeds of which provide funding for the Program.
"General Manager" means the general manager of the AgeTtcy as designated j
by the Board of Directors.
"Injury" means any of the following injuries:
(a) Advertising Injury;
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(b) Personal Injury;
(e) Property Damage;
(d) Regulatory Injury.
"law" includes the federal and Texas constitutions and statutes, any
administrative rules having the force and effect of law, and any controlling judicial
decisions applicable to the Agency.
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"Loss Covered Property" means any of the following property that is not
Excluded Property:
A r (a) any building or other structure or, other real property, other than
land, that Is owned by the Agency or that Is leased by the Agency (as lessee); and
(b) any tangible personal property that:
(1) is owned by the Agency; or
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(it) Is owned by any person other than the Agency if:
(A) the property is in the Agency's custody; :L
, (B) the Agency 1s required by law or contract to Insure '
the property; or
(C) the person Is a Plan Member and the property Is in
use for Agency purposes at the express direction of the Agency.
"Municipal Workers' Compensation Law" means Article 8309h, as amended,
Vernon's Annotated Texas Civil Statutes.
"Occurrence" means an episode, an incident or series of related incidents, or
an event or series of related events that results in compensable injury to one or
r more persons. f
"person" includes an individual; partnership, trust, or other association;
corporation; or governmental entity or agency. I
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"Personal Injury" means any of the following Injuries to any person:
(a) Bodily Injury;
(b) mental harm, anguish, or Illness ',regardless of whether accompanied
by Bodily Injury); or
(c) any Injury, other than Property Damage, Advertising Injury, or
Regulatory Injury, arising out of any one or more of the following acts:
(1) false or wrongful arrest, detention, or imprisonment or
malicious prosecution;
00 wrongful entry or eviction or other Invasion of the right of
private occupancy; i
(iii) discrimination or sexual harassment;
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GO publication or utterance (A) of a libel or slander or other
disparaging or defamatory material, or (B) in violation of an individual's right
of privacy; or
(v) humiliation, false or improper service of process, or violation
of civil or property rights.
"Personal Injury Claim" means any Program General Liability Claim in which
the Damages are asserted to be the result of Personal Injury.
"Plan Claim" means any "Plan Claim" as defined In the Risk Assumption
k~ Resolution.
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"Plan Loss Expenses" means any "Plan Loss Expenses" as defined in the Risk
!'Y Assumption Resolution.
R "Plan Member" means any "Plan Member" as defined in the Risk Assumption
tis 't Resolution.
"Program" means the Texas Municipal Power Agency Self-insurance and Risk
r Y , Management Program established by Section 2.01 of the Program Resolution.
"Program Claim" means any:
(a) Program General Liability Claim; or
(b) Program Property Loss.
"Program General Liability Claim" means any Assumed General LUllity
Claim or any Corporate General Liability Claim.
"Program Insurance" means any Insurance (other than the self-insurance 1
provided by the Fund) that is obtained by the Agency pursuant to Section 6.03 of the
Program Resolution.
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g s any economic loss that, N the judgment of
"Pre~ Property Loss mean
the Claims Board, is sustained by the owner of Loss Covered Property as a result of
a e to such 'Loss Covered Property that is caused by any peril
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(Including, udingding, without limitation, any act of God, theft, or vandalism), but does not
include the followings
f (a) a 1,,ss resulting from normal wear and tear, depletion, deterioration,
corrosion, or erosion;
(b) a loss resulting from theint~~ such loss is conct of Extra Expense. business
of the owner of the Loss Covered Property,
"Program Resolution" means this Resolution and any amendments hereto.
"Program Risks" means any of the following risks; `
(a) the Assumed Risks;
(b) the C.;rpornte General Liability Ri0y,
(e) the Properly Lass Risks.
"Property Damage" means any damage to or destruction of tangible property
or the loss of use of tangible property.
"Property Damage Claim" means a Program General Liability Claim In which
the Damages are asserted to be the result of Property Damage.
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"Property Lose Risks" means the asks that can result in Program Property
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Loss.
" " means any economic loss sustained by a person as a result
Regulatory Injury performance of its regulatory or property
of any act by the Agency in the r, acquisition functions.
"Regulatory Injury Claim" means a Program General Liability Claim in which
the Damages are asserted to be the result of Regulatory Injury.
"Risk Assumption Resolution" means Agency Resolution No. 87-4-1 and any
amendments thereto.
Risk Manager" means the person sPrvinB as the Risk Manager pursuant to
"
Section 5.01 of the Program Resolution.
"Termination Date" means July 1, 1998 or any other date of that such other date the Program specified by resolution of the Agency, provid
may not extend the Termination Date to a later date unless sound extension will not
render the Fund actuarily unsound, as determined by a p actuary.
"Workers' Compensation Payment" means any payment of compensation,
benefits, expenses, or other charges for which the Agency, as an Insurer, is liable as
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j ¢ a result of a Claim by an employee of the Agency or any other person pursuant to
the Municipal Workers' Compensation Law.
Section 1.02. Interpretation.
(a) Whenever the context requires:
0) references in the Program Resolution of the singular number
shall Include the plural and vice versa; and j
(11) words used In the Program Resolution denoting gender shall
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be construed to Include the masculine, feminine, and neuter. j
(b) The Table of Contents and the titles given to any article or section of
the Program Resolution are for convenience only and are not Intended to modify or
affect the meaning of the Program Resolution.
ARTICLE 11
ESTABLISHMENT OF PROGRAM
Section 2.01. Program Established.
The Agency hereby establishes the "Texas Municipal Power Agency
r Self-Insurance and Risk Management Program," which shall consist of the policies,
rights, and duties embodied in the Program Resolution. The Program shall be
implemented and administered as provided by the Program Resolution.
Section 2.02. Claims Board Created.
(a) The "Risk Claims Board" is hereby created.
(b) The Claims Board shall be composed of the following five members:
(1) the General Manager, as chairman, (it) any employee of the Agency designateel by
a the General Manager, (ill) the Finance Director, (iv) tre Agency Attorney, and
a' the Risk Manager.
(c) The Claims Board may appoint any individual on the Agency's
administrative staff to starve as the secretary of the Claims Board. '
(d) The Claims Board may select such other officers as It determines
appropriate from among Its members.
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Section 2.03. Powers Duties and Functions of Claims Board Generally
(a) The Claims Board may exercise the powers and shall perform the
duties and functions prescribed by the Program Resolution, the Risk Assumption II
Resolution, and any other resolution of the Agency.
(b) The Claims Board may establish rules governing the conduct of its
affairs.
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(c) The Claims Board may take such actions as are necessary to enable it
to properly and effectively exercise the powers and perform the duties and functions
delegated to it wider the Program Resolution or any other resolution of the Agency.
F Section 2.04. Claims Board to Administer Program.
(a) The Claims Board is responsible for the administration of the
i Program in accordance with the Program Resolution, subject to the superior
authority of the Board of Directors. In the course of carrying out this responsibility,
the Claims Board shall Interpret and apply the provisions of the Program Resolution
and the Risk Assumption Resolution.
(b) The Board of Directors may appoint from among its members a
committee to oversee the activities of the Claims Board. If such an oversight
committee is appointed, the Claims Board shall be directly responsible to the
I committee. }
Section 2.05. Capitalizing the Fund.
f
(a) The Fund may be funded with money:
(I) provided by contributions made from time to time, upon the
order of the Board of Directors, from budgeted, appropriated, and currently
available Agency money; or
1
(ii) derived from time to time by the Agency through borrowing
or other financing transactions engaged in by the Agency.
(b) The Board of Directors directs that $624,692, presently budgeted as a
Operating and Maintenance Expense to form a part of the Agency's risk or
contingency reserves on deposit among the Agency's general funds, be transferred to
ILL
the Fund.
" Section 2.06. Risk Retention Policy.
It Is the policy of the Agency, subject to budgetary and general economic
conditions, to self-Insure against Program Risks through the Furl and to provide
such self-lawance by depositing money Into the Fund in amounts sufficient, under
actuarial determinations, to provide for the defined self-insurance coverages
prescribed by the Program Resolution. It is further the polley of the Agency, under
the appropriate conditions, to obtain Program Insurance as provided by the Program
Resolut Ion.
Section 2.07. No Admission of Liability for Claims.
The Agency, by virtue of establishing and maintaining the Program, Is not
admitting liability for any Claim. The Agency reserves the right to assert any f
defense to the payment or collection of any Cl drn that Is lawfully available to It.
f
~ j
amply
-10-
17
ARTICLE Ill
REGULATION OF RISK MANAGEMENT FUND
Section 3.01. Authorized Withdrawals from Fund.
(a) Money may be withdrawn from the Fund only for the following
Purposes:
(I) to pay or reimburse the Agency for Administrative Expenses;
00 to pay any Program Claim;
(iii) to pay any Fund Surplus to the Agency; or
(iv) to pay or retire (by scheduled payment, prepayment,
defeasance, or otherwise) any obligation of the Agency Incurred In connection
with providing funding for the Fund. acco (b) No withdrawal from the Fund may be made
on does n except inor otherwise
with the program Resolution. The Program
confer to any person (including any Plan Member), other than the Agency, any right
to any of the money in the Fund.
1 (c) Money may not be withdrawn from the Fund to make any Excluded
Payment.
Section 3.02. Contra! of Withdrawals from Fund.
(a) Subfect to the regulations and limitations provided by the Program
Resolution, the determination of whether money In the Fund is to be withdrawn is in
t, the discretion of the Claims Board.
i (b) An aggregate amount exceeding $250.000 may not be withdrawn from
the Fund to pay the Program Claims of any one claimant that aAse from the sam that '
Occurrence unless the Board of Directors approves a gre
qr
Purpose.
Section 3.03. Method of Withdrawal from Fund. i
Withdrawals from the Fund may be made, upon the order of the Claims
'P payment of money drawn on the Fund
Board, by check, draft, or other for the into the s1 of orders for the
• made hi accordance with Agency rules pertaining g~~
payment of money. 1
Section 3.04. Withdrawal of Fund Surplus.
Fund Surplus may not be withdrawn from the Fund more often than once in
any Annual Period.
a ~ r
I
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oust -11-
Section 3.05. Llmlts on Amount of Withdrawals for Program Claims.
(a) The aggregate amount of withdrawals from the Fund to pay all
Corporate General Liability Claims that arise from awj one occurrence may not
exceed $1,000,000.
(b) Except as provided in Subsection (f) of this section, the aggregate
amount of withdrawals from the Fund to pay all Assumed General Liability Claims
that arise from any one Occurrence may not exceed $1,000,000.
(c) Except as provided in Subsection (f) of this section, the aggregate
amount of withdrawals from the Fund in any one Annual Period to pay Program
General Liability Claims may not exceed $3,000,0G0.
i
(d) The aggregate amount of withdrawals from the Fund to pay all
Program Property Losses that arise from any one Occurrence may not exceed
$5,000,00
(e) The aggregate amount of withdrawals from the Fund in any one
Annual Period to ray Program Property Losses may not exceed $5,000,000. A ;
withdrawal from the Fund may be made that cause. the limit on aggregate
withdrawals pre -cribe3 by this Subsection (e) to be exceeded if such withdrawal does
not render the fund actuarially unsound, as determined by a professional actuary.
{I (f) The limits on aggregate withdrawals from the Fund prescribed by
l Subsections (b) and (c) of this section do not apply to withdrawals to pay Agency j
Loss Expenses. 14
J ' Section 3.06. Dapos)ts and Investments of Fund.
The money In the Fund shall be deposited and invested as provided in the
Funding Resolution.
ARTICLE IV
~t3 ADMINISTRATION OF CLAIMS
Section 4.01. Administration of Claims Generally.
The Claims Board Is responsible for the administration of Claims.
Section 4.02. Claims_ Aajus~ets.
(each a
or otherwise administer Claims fori the Agency.
s Adjuster) to Claims
"Claim
(b) Each person that is to serve as a Claims Adjuster shall be designated
5 by the Claims Board. A Claims Adjuster may be selected from among the Agency's
administrative staff, or a professional claims handling or management service may
be retained as a Claims Adjuster.
}
oust -12-
f ,
i
(e) If a professional claims handling or management service is to be
retained as a Claims Adjuster, such employment shall be on a non-exclusive basis,
and the contract under which such service is retained shall be made terminable by
the Agency for cause or upon the expiration of a reasonable term fixed by the
Claims Board.
(d) Each Claims Adjuster shall be directly responsible to the Risk
Manager sad shall follow any claims administration policies and procedures
1 established by the Ciaims Board.
i
Section 4.03. Defense of Claims.
j
(a) The Clalms Board shall direct the defense of the Agency In Claims.
(b) The Claims Board, under supervision of the Agency Attorney, may
retain attorneys, experts, and investigators In connection with the defense of any
Claim.
i
Section 4.04. Settlement of Claims.
(a) The Claims Board, In its discretion, may settle Claims, subject to the
limitations prescribed by this section.
(b) The Claims of any one claimant that arise from the same Occurrence
may not be settled for an aggregate amo•,mt exceeding $250,000 without the
l approval of the Board of Directors.
i
(c) The Claims Board may authorize Claims Adjusters to settle, without
the approval of the Claims Board, the Claims of any one claimant that arise from
the same Occurrence for an aggregate amount not exceeding $25,000.
(d) The Claims Board may authorize the Risk Manager to settle, without
the approval of the Claims Board, the Claims of any one claimant that arise from
` the same Occurrence for an aggregate amount not exceeding $25,000. I
Section 4.05. Payment of Non-Covered Claims.
Any Claim that the Agency is legally obligated to pay that is not a Program
Claim or, If a Program Claim, that Is In excess of the amount permitted under the
Program Resolution to be withdrawn from the Fund to pay such Program Claim, may
i be paid by the Agency only at such times and from such sources of payment as are }
y required by law.
.q
ARTICLE Y
RISK MANAGEMENT
l Section 5.01. Risk Manager.
(a) The Program shall include the services of a risk manager (the "Risk i
Manager,1
01%;T
-13-
f
i
N The Risk Manager may be an individual selected by the Finance
Director from among the Agency's Financial Services Division staff, or a
professional risk management service may be retained as the Risk Manager. If a
professional risk management service Is to be retained as the Risk Manager, the
selection of the service shall be made by the General Manager subject to the
approval of the Claims Board.
(c) The Risk Manager shall perform the duties and functions prescribed
by the Program Resolution, subject to the superior authority of the General
Manager, the Claims Board, and the Board of Directors.
Section 5.02. Risk Management Activit'-- Generally.
(a) The Risk Manager shall engage in the following activities:
W Identify and quantify (to the extent practicable) the risks
that have ,he potential to result In loss to the Agency or Plan Members
resulting from Claims;
(ii) subject to the approval of the i inane Director and the
Claims Board, devise and implement programs designed to reduce the
Agency'r, and the Plan Members' exposure to loss due to Program Risks,
hr,_Auding (i,u: not limited to) risk assumption, risk reduction, risk retention,
and risk trarsfer (including the purchase of Program Insurance);
611 develop and maintain for the Board of Directors and the
` Claims Bored an information eystem, In coordination with any existing
systems of the Agency, for the eff!eient recording of Program information,
including (but not r:ecessarily limited to) information concerning Claims, Plan
Loss Expenses and Corporate General Liability Expenses, Administrative
Expenses, withdrawals from the Fund, and Program Insurance premiums;
a GO perform such other services as may be specified by the
Finance DL-ector, the Claims Board, or the Board of Directors. "
(b) Subjert to applicable budgetary restrictions and with the consent of
the Finance Director and the Claims Board, the Risk Manager may Implem,, and
+ coordinate tho risk managemerd policies anal procedures that are to be followed by
the Agency.
Section 5.03. Program Insurance.
" (a) l surarwe Mogram Insurance") may be obtained under the following
circumstances:
i
f (i) as excess coverage to that provided by the Fund, as
relrsumnee for the Fund, or as first dollar coverage in lieu of that provided
by the Fund (which may convert coverage provided by the Fund Into excess
coverage) if, in each case, the insurance is obtainable on a fiscally sound
y basis, givin;; consideration to the 1nvG8tment opportunities for the Fund and
any shock-loss exposure of the Agency due to the Program kisks;
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(ii) when services that am necessary to effectively administer
the Program can be obtained only through the obtaining of the insurance;
(iii) when the Agency is required by contract or law to obtain the
insurance; or
(iv) when the limitations on coverage under the the ~~~ett
result in long-term economic advantage to the Agency, and obtained does not contain such limitations.
(b) The procurement of Program Insurance shall he coordinated by the
Risk Manager and approved by the Claims Board.
(c) Program Insurance shall be obtained from sources determined to be In
the best Interests of the Agency. No Particular Insurance or financial quality rating
Is required, but the Insurance provider must be in excellent financial condition as
determined by the Claims Board.
(d) When practicable, the remuneration of agents or brokers providing
insurance services to the Agency pursuant to the Program Resolution shall be on a
fee basis.
Section 5.04. Cooperation with Aaeney AdminLstration.
r' To promote the efficient and effective administration of the Program, the
cooperate with admive re nistratiRisk M agee• ties for
various division are heads other direP to employees
the Agency ncy are encourag
ARTICLE VI
OTHER PROGRAM PROVISIONS
Section 6.01. Report to Board of Directors on proeram Status.
The Claims Board, at least quarterly, shall report to the Board of Directors
on the status and experience of the Program, includ;ng the financial status of the
Fund
Section 6.02. Alteration and Ter nination of proKram. ,
(a) Sublent to Subsection (b) of this section, the Agency, by resolution,
may alter the Program from time to time or terminate the Program at any time
without notice to any Plan Member or other person.
(b) The Agency, by agreement approved by the Board of Directors, may
limit Its right to alter or tern •lnate the Program.
i Section 6.03. Effective Date of Pro&am' Duration.
The program shall become effective on April 30, 1987 and shall continue in
effect until 5:00 p.m• on the Termination Date.
08261
-15-
ARTICLE VII
! MISCEUANF.OUS PROVISIONS
i
i S&"' ion 7.01. Conflicts with other Resolutions.
This Resolution shall not operate to repeal or affect any other resolution of
j the Agency except to the extent that the provisions thereof are inconsistent or in
conflict with this Resolution, in which event, such inconsistent or conflicting
provisions % such other resolution are hereby repealed.
Section 7.02. SeverabilitV.
j If any part of this Resolution is held to be Invalid for ,y reason, such holding
shall not affect the validity of the remaining parts of this Resolution.
Section 7.03. Governmental Regulations.
The regulations provided in this Resolution are hereby declared to be
governmental and for the health, safely, and welfare of the general public.
y'
PASSED AND APPROVED AND EFFECTIVE on this the 30th day of April,
1987.
[SEAL] 7
' A
Y';^ President, Board of Directors,
Texas Municipal Power Agency
ATTEST:
p r
Secretary, Board o Directors,
Texas Municipal 1? wer Agency
s~
APPROVED AS TO FORM: ,
General Texas Municipal Powe Agency
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1 SCHEDULE A
Excluded Corporate Claims
ris out of the construction, maintenance, operation, or
Any claim aing
ed electric power generating facility is an
decommissioning of a nuclear-fuel
a Excluded Corporate Claim.
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SCHEDULE B
Excluded Property
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Any property in use for the maintenance or operation of a nuclear-fueled
electric power generating facility {including the testing of such a facility? is
Excluded Property.
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RESOLUTION NO. 87-4-26
s A RESOLUTION BY THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL
POWER AGENCY ("AGENCY") WITH RESPECT TO THE CREATION OF A BY D
SELF-
BETWEENSTHECITIESDOFNBRYAN,HDENTONi, GASALES RLAND~NANDCGREENVILLE
AND THIS AGENCY
i
l WHEREAS, the Texas Municipal Power Agency (the "Agency) has heretofore
andContracts
entered
Greenville, "Texasac(the
the n Citiesof separate Brbut yan, identical
Denton, PuGarland, Sales
with
"Cities");
WHEREAS, said Contracts require the Agency to maintain in force and effect
certain insurance and Section 24(d) provides:
I
"The Agency may establish and create a special fund for the purpose of
providing a self-insurance fund. Amounts to be deposited in or
credited to such fund in any Contract Year shall be accounted for as
Operating Maintenance Expenses. To the extent that monies are
.t deposited in such fund, if created, such monies may be invested in
Investment Securities, as defined in the Bond Resolution. To the
extent of the amounts held in such fund, the face amount of appropriate
insurance policies may be reduced.`
WKREAS, Section 12(e) of said Contracts provides:
"The Agency covenants that it will not make a change in any Bond
Resolution so as to create additional Funds (except those now
established by Article Y of the resolution authorizing the issuance of
the Series 1976 Bonds) without the approval of such changes by the
governing body of each City, nor shall any change be made in the
amounts required to be paid into, accumulated in, or maintained in the
Bond Fund,
the resolution Reserve Fund or the ContSeriesy 1Funds 976 Bonds, as provided
authorizing the
approval."
WHEREAS, the Agency in cooperation with its Insurance Consultant and
others has developed a self-insurance and risk management program and embodied
the same in a "Self-Insurance anil Risk Management Program Resolution," which
;F has been adopted as Resolution 87-4-2A (and which this Board reserves the
right to change from time to time as it considers appropriate);
WHEREAS, the Bond Resolutions (Section 6.08) also contemplate an insurance
fund may be created and established;
WHEREAS, the Agency proposes to issue obligations for the purpose of
self-insurance fund, as
a speciiale fund
Sectionn24a ofi the Management Fund,
under the Bond Resolution.
iI
t RESOLUTION NO. 87-4-20
' APRIL 30. 1987
I PAGE -2-
WHEREAS, such obligations are to be payable from and secured by a first
lien on Net Revenues, and the Agency now deems it appropriate to request
t approval of the creation and establishing of such special fund by the Cities,
j as contemplated by Section 12(e) of said Contracts;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE TEXAS
MUNICIPAL POWER AGENCY:
i 1. That the above recitals are true and correct;
2. All of the recitals contained in the preamble hereof are hereby
adopted as findings of this governing body. Capitalized terms not
herein defined have the meaning assigned in the Bond Resolution.
3. This Board proposes to limit the issuance of Bonds to the amount
required to:
a) fund, in part, the Risk Management Fund;
r, b) pay the cost of issuance of the Bonds. i
4. The Agency hereby requests that the Cities of Bryan, Denton, Garland,
and Greenville consider the approval of the creation and
establishment of an additional Fund to be known as the "Risk
Management Fund" by a Bond Resolution prior to the issuance of the
E .z proposed Bonds.
5. That it is officially found and determined that this meeting of the
Board of Directors of the Agency is open to the public as required by
law and a public notice of the time, place and subject matter of said
? meeting was given as required by law. y
t a~ PASSED AND APPROVED this 30th day of April, 1987.
Marvin Tate, President
Board of Directors f
Texas Municipal Power Agency
i
ATTEST: -C !
r, William ay or, ecretary
r Board of Directors
Texas Municipal Power Agency
' s(
V'
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CERTIFICATE OF SECRETARY
THE STATE OF TEXAS §
COUNTY OF GRIMES §
i
I, the undersigned, Secretary of the Board of Directors
of Texas Municipal Power Agency Do HEREBY CERTIFY as follows:
1. That on the 30th day of April, 1997, the Board of
Directors of Texas Municipal Power Agency, conrened in special
session at the RepublicBank Garland, N.A., in the City of
Garland, Texas; the duly constituted members of the Board being
as follows:
MARVIN TATE ) PRESIDENT
W. R. ALLEN, JR. ) VICE PRESIDENT
BILL TAYLOR ) SECRETARY
i
AVON ACKER )
f' DON HOLLISTER )
HANK McQUAIDE ) DIRECTORS
RICHARD STEWART )
ROLAND VELA )
all of said pers'ors were ent at said meeting, except the
following: _[Qo,,,,~d,.e/J,;,h,pr sj Among other
business considered at said meeting, the attached resolution
entitled: j
Resolution 87-4-2B'
r r I
A RESOLUTION by the Board of Directors of the
Texas Municipal Power Agency with respect
to the creation of a self-insurance fund
rfi ,4 a" under the Power Sales Contracts by and
between the Cities of Bryan, Denton,
Garland, and Greenville and this Agency.
was introduced and submitted to the Board for passage and
adoption. After presentation and due con id eorl of the
resolution, and , upo motion made by _ (46 ja~, c _ and
seconded by (/r ~v the resolution was duly passed
~p~n
and adopted by the Board to be effective immediately by the
following vote:
voted "For" voted "Against" abstained
all as shown in the official Minutes of the Board for the
meeting held on the aforesaid date.
k „
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4
2. That the attached resolution is a true and
correct copy of the original on file in the official records of
the Agency; the duly qualified ar.d acting members of the Board
of Directors on the date of the aforesaid meeting are those
perons shown above and, according to the records of my office,
advance notice of the time, place and purpose of the meeting
was given to each member of the Board of Directors, and that
said meeting, including the subject of the entit'.ed resolution,
was posted and given in advance thereof in comp,iance with the
provisions of Article 6252-17, Section 3A, V.A.T.C.S.
IN WITNESS WHEREOF, I have hereunto signed my name
officially and affixed the seal of said Agency, this the 30th 1
` day of April, 1987.
Secretary, Boa of Directors h.'
Texas Municip`a Power Agency
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Council Minutes
November a, 1986
f The Council convened into the Work Session at 5:30 p.m, in the Civil
k Defense Room of the Municipal Building.
PRESENT: Mayor Stephens[ Mayor Pro Tem. Alfordt Council Members
Alexander, Chew, Hopkins, McAdams and Riddlespetger
i city Manager, City Attorney and city secretary
ABSENT: None
1. The Council received an update on Flow Memorial Hospital
transfer.
This item was taken under the Executive Session.
2. Litigation
This item was taken under the Executive Session.
3. The Council convened into the Executive Session to discuss
legal matters, real estate, personnel/board a
official action was taken. appointments. Nu
The Council convened into the Work Session at b:00 p.m. in the civil
Defense Room of the Municipal Building.
f ;~''r+ PRE5ENT't Mayor Stephens: Mayor Pro Tem Alford: Council Members
Alexander, Chew, Hopkins, McAdams and Aiddlesperger i
yx'' City Manager, City Attorney and City Secretary
',~t ABSENT: None
1. The council received a presentation trom representatives or ;
r the North Texas Cummieslon.
Mr. 4,orth Nlake, President of the No[tn 'iexae Curim LwiL(4n, Lntrouuceo
Ms. Theresa lhrelkeld, Ur. Al Hurley and Ur. Ey Lyon. he stat.:U
that the strength of the Commission was in its member Cities dnd"..,
' Denton was a strung city. in 1984, the COAimission hdd oeyun
k tocusing on a high tech center.
f Dr. Al Hurley, Chancellor of North Texas State University, stated
wR s,Y". that the North Texas Commission summed up the recognition of the ,t
tact that the various entities involved must cooperate to pull the
region together. Tte, Commission had worked with the Dallos-Fort
Worth airport anU was now working toward a high tech center. .the
" Commission would serve as the catalyst to bring together the
r universities, industrial members and governmental grants in this
area. E
„"ex Mr. Blake then distributed packets of information from the
Commission on various projects which were currently underway,
Dr. My Lyon, member of the North Texas Commission high tech task
force, stated that this patticuler thrust was motivated by a number
< + of analysis which bad been perfornEd. A 1981 survey of university
try a ' research and development funding in the metropler showed a total of
$l3,000,000. According to per capita figures, the total should have
been $500,000,UU0. A coalition had been formed to go after theme
1 { research dollars which would assist in sustaining growth for the E
+ region.
2. :he Council considered yiving statf direction regarding
k r E's! engineering work on the Oak-Hickory street improvement project.
'r) + Dud to time conatrainta, this item was passed in the syenda o[aer to "
5 a! be considered late[ in the meeting.
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City of Denton City Council Minutes
Meeting of November 4, 1986
Page Two
s
The Council convened into the Regular Meeting at 7:0o p.m. In the
Council Chambers.
PRESENT: Mayor Stephensi Mayor Pro Tem Altord; Council Members
r ) Alexander, Chew, Hopkins, McAdams and Riddlesperger
, City Manager, City Attorney and city Secretary
t` ABSENT: None
t` f 1. The Council considered approval of the minutes of the
Regular Meeting of July 15, 19861 the Special Called Joint Meeting
YlI with the Public Utilities board of July 22, 1986; and the Special
t,. Called Joint Meeting with the Airport Advisory Board of July 29,
t 1986. !
Riddlesperger motion, McAdams second to a
rr presented. Motion carried unanimously. approve the minutes as
2. The Council considered adoption of an ordinance and service
plan annexing approximately 23.6120 acres of lend being pert of the
Gideon Welker Survey, Abstract No. 1330, ano beginning adjacent and
north of Edwards Road approximately i mile east of Mayhill Road and
approximately .5 mile west of Swisher Road. A-41
! s City Manager Lloyd Harrell reported that this item had been before
the Council several times. I'he item on the agenda was for final
annexation action.
irle following ordinance was prevented:
e r
` NU. bb-21b
AN UN UIHAN CL A1rNEAING A TAALT OF LAND C'UNTIUUUUb ANU
AJJAii:Uv1 TO THE CITY OF DENTUN, 'it'AAS; BEINU ALL THAI' LUT,
T4ALn' UR YARCEL UY LAND CUNSIdTI:rU OF APYIeUXIHA'IE'LY 23.6420
ACH" OF LAND LYINU AND BEING bIT'VAIED IN THE CUUNIY VF
{ UCNIUN, bIAIL OF '1LAAS AND BEINU PART Vb ',6E GIDLUIr BALKER
SURVEYr AbilYkLT NU.
!^,1330, UENI'GN C'UUN1Y 1EAAbi
LLASSIFYI14U Tbt SAME AS AUHICULTVRAL 'A' DISIHIC'c PitVYtAlt:
AND UECLARINU AN EFYEC'TIVE DAI L.
McAdams motion, Alexander second to adopt the urdinance. Un roll
' ap4;' a call vote McAdams 'aye', Alexander 'aye', hopkine 'aye`, Altoru
aTf ,i 'aye', Riddlesperger 'aye', Chew 'aye' and mayor btephens 'aye'.
Motion rarrleo unanimously.
Mf 3. Public Hearings
r~J~ A, The Council held a
1:~*yY,'; public hearing on she petition of
the Tommy Corporation requesting single family (SF-71 toning with
minimum 7,000 square toot lots on 21.64 acres. The prnpetty is
located north of Edwards Road approximately 2,600 feet from Meyhill
Road ano more fully described in the Gideon Walker Survey No. 1330,
if approved, the property may be utilized for ary use permitted
t, within the single family-7 district. Z-1017
The Mayor opened the public hearing. ;
Mr. Roger Barrett, Metroplex Engineering representing Tommy
Corporation, spoke in favor stating that the petition was supporting
r t a City goal to permanently zone annexed areas. Tommy Corporation
owned the property to the west of this tract and agreed with the
Planning and Zoning Commission comments and concerns.
9 SR,• f Y ra ~:.l t5
! ,~;Ir No one spoke in opposition.
try` ;1 , RVi,'; The Mayor closed the public hearing.
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City Of Denton city council minutes
meeting of November 1, 1986
Page Three
Cecile Carson, Urban Planner, reported that this was a request for
' straight single family (SP-7) coning adjacent to a planned
development which had been approved to 1986. The planned
development was residential in nature and this request, if approved,
would extend such land use to the test. The tract was in a low
intensity area and the zoning request did nut violate any Denton
I Development Guide policies. Three reply forme had been mailed with
zero returned.
S 1. The council considered adoption of at, ordinance
i approving single family (SF-71 zoning with minimum 7,OU0 square foot
lots on 23.61 acres located north of Edwards Road approximately
2,600 feet from Mayhill Road.
/ The following ordinance was presented:
bU. 66-219 {
AN ORDINANCE AMENDING THE ZuN1NC MAP GP THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES UP THE C11'Y UP DENTON, TEXAS, by ORDINANCE NO.
59-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 23.442 ACRES
OF LAND LOCATED NUR1H OF EUWAtUS ROAD APPROXIMATELY 2,e0U
FEET EAST OF MAYHILL ROAD, AS 15 MORE PARTICULARLY
d DESCRIBED REREIN7 TO PROVIDE FOR A CHANUE IN ZONING
CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL 'A'
DISTRICT CLASSIFICATION AND UdE TO SING,d YA41LY
CLASSIFICATION AND USE FUR SAID PROFLRTYr PROVIDING FOR A.
MAXIMUM PENALTY Uf' $1,00U FOR `IULA'1I0b5 THLRECFI PROVIDING '
FOR A SEVERABILITY CLAIiSEt AND LtcLAHING AN EFFECTIVE DAIL.
' McAdams mutton, Alexander 6eco-o to adopt the ordinance. Un roll
call vote McAdams "aye', Alexander 'aye', Hopkins 'ave', Alford
f 'aye', Ridulesperger 'aye', Cruew 'aya' and mayor Stepntns 'aye'.
MotrOn carried unanimously.
' a. The Council held a public hearing on the pet.tion ut
the 'enton listoric Landmark Commissiun reyueeting a Historic
landiaark dist:ict designation in the west "k/west hickory btreet
area. The bour.daries of the proposed uistrict are as tdll(.ower
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The north side of Uak Street from bl0 West oak went to
the intersection of Oak and Fulton streets, with the
! exception of the property located at 918 West Usk
Street.
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The south side of Oak street from b09 'dtet Oak west to 9~!
a E the intersection of West Oak and Welch stteets, with
the exception of the property located at 903 West Oak
Street,
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The north side of Hickory Street from the intersecti,)n
° of Hickory and Welch streets to the intersection of
Hickory and Williams streets.
The east side of Denton Street from the intersection
of Denton and Oak streets to the Intersection of
ar Denton and Pearl streets.
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The mouth side of Pearl Street trom 607 Pearl west to
r the intersection of Pearl and Denton streets.
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The property is more particularly described as City of
Denton block numbers 328, 329, 330, 336, 4761 488 and part y
k r R of block 419.
k' The Mayor opened the public hearing.
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City of Denton city council minutes
Meeting of Hovembar 4, 1986
Page Four
Mr. Mike Cochran, Chairperson of the Historic Landmathrk Commission,
spoke in favor stating that he was proud to present is petition.
The idea had come about in 1968 with the comprehensive z.)ning
ordinance. Due to a quirk in the law, notification to property
owners was not done and some parcels in the area were rezoned
multi-family. Slowly, a movement hac began to preserve the older
homes. The ordinance included a pro'A sion for bistorical districts
if it was felt to be beneficial. The proposed ordinance would
f provide the mechanism to preserve the district. 4he ordinance had
been approved by the Secretary of the Interior and would qualify as
f a aationai registry district. Advantages dould be accrued to
k! property owners as well as khe City. The City of Denton was cnly
129 years old but its history was in the architecture. The
advantages of this ordinance far outweighed the detriments to the
City or the property owners. He personally felt that he was
off6ring something to the City. Benton was mcre than just a pl-ce
to make a ltving--it was also a place to live.
Council Member Riddleaperger asked why two lots had been excluded
from the district.
Cochran responded that the Historic Landmark Commission had excluded
these parcels because they had been 'locking horns' with the
property owners for several years. A vehicle for exclusion was
written in the ordinance and there would be no detrimental effect to
the historic district. The two parcels in question were located in
the center of the proposed district and, due to that, vo-o in less
jeopardy than t:rose situated on the periphery.
Council Member Riddlesperger asked if :his meant if anyone objecteu,
would they be excluded.
Cochran replied nor the crLterI& was whether or riot the exclusion
wou.d have a detrimental effect on the district.
1hr Council Memoer r.lexander askeJ what woulo happen it a person whose
r.r parajl was excLudeo wanted to be includec at a tuture date.
rt ; Cochran responded that the person would be eligible and could apply
to be included. This could be accomplished through an amencrent to
>z the district ordinance.
r S ; Mayor Stephens asked if tax incentives were being offered.
! ! Cochran replied that the Historic Landmark Commission had proposed
the ordinance to freeze the present evaluation on the property for
ten years on residential as well as income producing investment
y4~ ' properties. In the poet, there had been tax credits for historic
landmark designated properties.
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Mayor Stephens stated that this should be attractive to the
residents.
Cochran replied that the tax incentives we'e only on income
a producing properties. Howev.r, he believed another plus would be
r the arability that historic district designation would bring to the
neighborhood. She area had been written cff OR destined for
. apartments.
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Mr. Randall Boyd, 1023 Nest Oak, spoke in favor stating that he
lived in the propLwed district, ownkd income producing property in
the district and also histo;ic property not in the district. He was !
z pleating for his neighborhood which he felt was an asset to the
entire community. These structures could not be rebuilt in another
r r,r A•'' section of town or anywhe.e else for that matter. Some opponents
' had stated ttit the protection of the historic district onind was
`t not necassary as the homes were too valuable to ever be torn down.
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City of Denton City Council Minutes
M.ieting of November 4, 1986
Page Nive
That was not true. If the lot was toned multi-family, it would be
cost effective for the owner to tear down the house and built a
f th:ee story apartment complex. This could eventually destroy the
25% i ate a this 20%
valuable than T the credits
' whole retained r and would be house more at a time.
Year.
been
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Mr. Murray Ricks, 705 West Oak, spoke in favor stating that Denton
was in old town and this neighborhood was the only original
rteiihborbood still existing. The houses reflected the prosperity
end growth of Denton. He did not want Denton to btcome another
Plano. Historic preservation was needed,
Mrs. Paul Carpenter, 727 West oak, spoke in favor stating that her
residence, the Lomax home, was already spot toned as a historic
landmark bu`. this was not enough. This protected their neighbors
and her h4c;e bee not the property. Some ownsct had expressed k
opposition to the restrictions related to the assignation. When she
and her husband wanted to paint their home two years ago, they
selected he color and went before the Historic Landmark Commission
for approval, which they received. All residents operated under
certain rule:, such as the subdivision rules ■nd regulations. She r
concluded by stating that she felt the Hickory Street area was very
Important and It was at risk.
lived Richard San Hayti, when their West Oak, spoke in favor stating that he had
,jlanning stages. the King Williaas Area was ramshacklea and rat
infested. She district was approved and the ices renovated, it now
, was an asset to San Antonio.
Mr. Rich Edyvean, 1000 West Hickory, spoke in favor statin~j that he ,
was pleading for Hickory Street. he felt the bungaluws were also a
style 'f home which should be saves. The character of the City was 1f
r most v.vidly shown by this homes.
9[. W. A. aa[ker, 812 west Oak, spoke to favor stating that he felt
the hiecoric utatrict would oenefit the City and the property owners.
Ms. elizabeth Lomax spoke in favor statiny that, from the point of
j view of the older citizen, she was glad to have someone livir.9 in
f.. her old family home. she wanted to keep these old homes if posbible.
Me. J. D. Vann, 811 West Oak, spoke in tavor stating that he had
been before the City Council and the Planning and Zouing Commission
suversl times to discuss mar/ intrusions into the neighborhood, lie
k realized 'Ahen a he a had histcric this th mwas e in t1967 b* had been assured by
help.
the realtor that this was a very stable neighborhood. Attar closing
' on the house, the traitor built appartments On the addaCent Lack
lot. he had cnlp found ,-Is person who ha7 not felt this area should
ba preserved bit it would be progressive for the area to develop
like University Grlva. As for himself, he felt the, historic
district was progressive.
Mr. Bill Doggett, 916 Neat O,hk, spoke in opposition stating that his
property was ons of the two parcels which had been excluded, his
property w's toned single family and his parents had purchased the f'
property in 1921, he intended to reside in the home for the rest of
his lift. He was very much opposed to the restrictions the proposed
ordinance would impost on him. He further did not believe that this
was a true historic district, The house to the east of him wcs
bullt in the 194014 and another ons in the neighborhood was built in
the 19601x. Some homes in the district were neither historic or
whenever Wanted to be able to do whatever he wanted to his
beautiful
he wanted.
house
- Mr. Doug Rainer, officer of the Denton Board of Realtors, spoke in
opposition stating that in July of 1984 the Boar4 of Realtors had
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City of Denton city council minutes
meeting of November 4, 1966
Page Six
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e.;dressed a historic district. They felt it should be left up to
a' the individual owners to petition for historical designation rather
^ than a district.
Mr. Chris Hill, representative of a fraternity located oa Oak, spoke
in opposition staring that 0ey had been opposed to the district
since 1904. They did not want anyone dictating to tram regarding
their Prat house. The structute was in need of work and they wanted
to have the flexibility to expand as they wished.
Mr. L. S. Forrester, owner of property on Hickory Street, spoke in
opposition stating that his family had ^ed property in Denton
since 1654. He would like to have his prolrerty reconsidered. He
owned a 50 feet lot which would not be worth anything if this
district was approved. In his opinion, no homes on Hickory Street
were historical. he wanted his lot, if nothing else, excluded.
Mr. Robert L. Pearce, 903 Slut Oak, 3pokc in opposir.trn stating that
he had spoken with the National Registry and they h-id said that this
district would not qualify. fhe Graham house acroan from the church r
had been torn down and a new house built. In most tames, however,
the house was worth more than the lot. This fact would serve to
protect the homes.
Council Memoer chew asked when Mr. Pearce had spoken with the
National Registry.
Pearce responded approximately three yearw ago.
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Council Member Riddlesperger stated that he could not imagine why ;
Ip r Mr. Pearce was opposed..,'
,y Pearce responded that the historical district would neither protect
or help him. All but one person who had spoke in favor of the
petition already had the historic designation.
Mr. Lee LeClair, 924 west oak, spoke in opposition stating that Mr.
Pearce had contacted the Department or the Interior and was told
that no St ructu:I built within the last 59 years was historical.
? Also, the district must Le A "cohesive entity' which the proposed
district was not. Regarding the tax incentive issca, this was only
o,--; available for income producing pr~pertles--not residences. 't'here
were 13 properties in the area which were presently zoned as
historical landmarks. only one property owner who was not currently
~t t gonad as a historical landmark was in favor of the district, All in
all, he felt the question here was one of property rights. He felt
the designation should be done on :.n individual petition basis.
Mr. Hill crouch spoke in opposition stating he was opposed due to
individual property owners rights# i'urther, he did not believe that
the properties on Hitkory Street were historical.
Mt. Phil Watkins, owner of property at 608 Mwst hickory, stating
that the sttucture was a simple frame house whicl, was being used as
income producing property, He felt that the people who owned
4 property on hickory Streer were being used as a buffer to shield the
properties on Oak.
The Mayor closed the public hearing, i
Mayor Stephens allowed Mr, Cochran five minutes for rebuttal. Y
Mr. Mike Cochran, Chairperson of the Htstortn Landmark Commission,
F, stated that hickory Street had been 'taking a beating' in the public
hearing a$ not being either pretty or historical, the Department of I" -
' the Interior had said that Sit of the properties in the district
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city of Denton city Council Minutes
Meeting of November 4, 1986
pays Seven stree we an imor
most art bo[hlthe~ifabrlcToef htbescity. OOfY thoset hoerenpondedtain
p
t them
opposition, ■n overwhelming number Of were absentee landlords.
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f Council Member Chew asked again why the two paresis had been
excluded.
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Cochran replied that they were deemed eligible but were left out
because the property owners had been a 'hassle to deal with.' Also,
they felt their properties were secure and protected by their ;
neighbors.
Denise Spivey, Urban Planner, reported that many persons were in
favor and many in opposition. Staff felt the west Oak and West
The
Hickory area was one of the most significant in the City.
:ommissin riteriaofor h historic considered each structure to
HisturicngLandmathe c
Landmark Commission and the Planning and Zoning ASComoCessthan 20t
approved the proposed ordinance with conditions.
of the reply forma wets in opposition" six affirmative votes from
r, the Council would be requited for staff to proceed.
r . Council Member McAdams asked what the procedures were tot an owner
to make changes to a historically designated property.
Spivey respondod that if the change was to the exterior of the home"
commissionfoforha change must ness. The B storic
l Landmark commission would review the request and then make a
determination.
A{. City Manager Lloyd Harrell reported that alteraattVea had been
provided to the City council in the agenda back-up material. The
Council could, at their discretion, reduce the boundaries but could }
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not increase the boundaries without first frumadvaerciving whaincdh ho had n
soother public hearing. depending on how the
S2' historic district and this could be valuable,
ordinance was written. he had no doubt that the district could be
an asset to the community.
Council Member McAdams elated their Without some protection, the
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neighborhood could be destroyed one house at a time.
Council member Alexander stated that thin was a classic example of
a the conflict between the property owners and the city as a whole.
The Council must look at the overall needs of the community. He
believed the Council had to vote for the good of the entire City. I`
Council Ixclualons member to only the two spa Parcels and potato othersmwhoshadlasked
to be excluded. it seemed to het that it should be all or nothing.
Council Member Chew stated that he was in favor of the district and
felt the two parcels should be included.
Council Member Rlddlenpetgsr stated that this neighborhood was too
impotta.ut to the City of `enton and sshould be preserved. It was
iz part of the city's history j
Mayor Pro Tom Alford stated that, aesthetically, the Council should k
to be. This neighborhood was f
think of how tbtY wanted the community
important to the City. i
Mayor Stephens stated that he had pride in Dentonr a community which
was 129 years old. Xe wouleaeiiioneoinha
the ve future safeguard ordinance to pt even[ arbitrary
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City of Denton city council Minute
Meeting of November 4, 1986
Page Eight
Jlxander ordinance and it bmacksbefoetthediCouciltfor finalrapproval,
Motion carried unanimously.
i 4. Consent Agenda
McAdams motion, Chew second to approve the consent Agenda as
presented. Motion carried unanimously.
(I Consent Agendas
{I A. Rld± and Purchase 0[deraF
1. Bid 1 9661 - Utility pole
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B. Plats and Vacations
1. Approval of preliminary plat of Hickman Addition,
l Lot 1, block A. (The Planning and Zoning
S!,,.1 Commission recommends approval.)
2. Vacation of the Meadow Oaks Additions, Third
Section. (The Planning and Zoning Commission
recommends approval.)
C. Contracts!
1. Consider approval of annual software maintenance +
contract for $27,D00 with TRES Corporation for '
utility billing system known as CIS and associated subsystems. (The Data Processing +t
S Advisory Board recommends approval.)
D. Change Orders and Final Payments,
"i :+1. Consider approval of Change Order 01 in the
01 amount of 110956.13 aho final payment in the
+ amount of 12,753.12 to Dickerson Construction
r. for 81d 1 '628 iMCkinnay btreet sewer line).
2. Consider final payment to Jague-Public in the '
amount of $579,b7U,46 for overlay 8$-2 project,
Bid t 9539, Purchase order 4 71012. x"
e, S. Ordinance
? A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the awar,i of contracts
for the purchase of materiels, equipments supplies or services.
The following ordinance was preentedi
N0. 86-220
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AN OADINANCS ACCEPTING COMPETITIVE BIDS AND AWARDING A t.
` CONTRACT FOR THE PURCHASE Of MATERIALS, EQUIPMENT, SUPPLIES
X 3 OR FSkVICES1 PROVIDING FOR THE EXPENDITUkE Of FUNDS
$ •.a „ THEREIOREr AND PROVIDING FOR AN EFFECTIVE DATE,
C
vote# McAdams hew motion, McAdams second to adopt the ordinance, On toll call
jf Aiddla p ,gar ' ye,' Chew a•aye, Hopkins
T, • a carried unanimously,
Motion
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City of Denton City Council Minutes
Meeting of November 4, 1986
Page Nine
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S. The Council Considered adoption of An ordinance
approving planned development zoning and a concept plan on 699.6
s~ acres presently zoned agricultural (A). The property is described
as ba9inning approximately 600 feet mouth of U.S. higyhway 360 and
extending to approximately 11800 feet mouth of FM 476 IBazt Mctinney
Street), The property is further described as being a tract in the
M. Porreat Survey, Abstract 417, and the W. Durham Survey, Abstract
330. Z-1779
City Manager Lloyd Harrell reported that this concept plan included
the construction of a major roadway through the Lakeview planned
development to connect 1H-35S and University Drive. The City staff
and the repreoentatives from the Lakeview development had developed
a good working relationship.
Jeff Meyer, Director of Planning and Community Development, reported
that the original development had been approved with the proviso of
the roadway. Staff had bean assured through extensive work that
guaranteas for the full width of the originally proposed roadway
were back in the concept plan. This was not the final action on
this particular development, A transportation plan, master plan,
etc. still would have to be aubmittedl this was only tho first
step, Safeguards were written into the proposed ordinance.
However, the most important is uem, such as intensity/aensity, etc,
would still need to be addressed in the future.
`5 1 Council Member MCAdamS Stated that she appreciated the work which
the City staff had done on this project. However, she still was of
the opinion that the proposed development was too dense and did not
commit to enough parkgrounds.
' Council Member Alexander stated that he was not a member of the city
Council when the original plans had been diacumsed. is had studied
the back-up materials submitted and he aid have concerns that the
overall density was higher than it actually had to us and that there
it was not enough park space. however, the developer had a9rd4a to
construct the six-lane divided roadway, he would vote in favor
because of the mural commitment to the ueveloper and further felt
this had the potential to be a wonderful addition to the City.
Phase It one tit of the oevelupment should alto be studied.
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Council Member Hopkins voiced appreciation to the staff eta the
developers for their efforts in working together.
Council member thaw also thanked the staff for the information
provided. He further Stated that part of the agreement which had
been reached did include a transportation plan.
Council Member Aiddlesperger stated that this was a 'give and take$
situation, lo be considered in the proposed development was the
six-lane divided roadway, school sites, sites for future fire
stations, etc. While it had been a difficult decision, he believed
that, on the whole, the development would be good for Uenton,
Mayor Pro Tem Alford stated that a precedent had been set for other
developers in the future who might propose Biteable projects that
i' the staff wee looking tot those items which would benefit the City,
Mayor Stephens stated that he had seen nothing to make him clangor
his mind, he still had a problem with the density/intensity Uaus,
An agreement has been reached to have the road plan completed prior r
to passage of the ordinance. He felt an overriding moral commitment
a to the community regarding this proposed development.
c The following otdinan" was preaentedf
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City of Denton City Cow.,cll Minutes
Meeting of November 4, 1986
Page Ten
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NO, 86-721
E
AN ORDINANCE AMENDING THE ZONING MAP Of THE CI'T'Y OF DENTON,
i TEXAS AS SAME WAS ADOPTED AS AN APPENDIX 10 THE CODE Of
i ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO.
69-10 AS AMENDEU, AND AS SAID MAP APPLIES TO 690.8 ACRES UP
LAND, AS IS MORE PARTICULARLY DESCRIBED HEREIN! TO PROVIDE
FOR A CHANCE IN ZONING CLASSIFICATION FROM AGRICULTURAL 'A'
DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED
DLVELOPMENT 'PD' DISTRICT CLASSIFICATION AND USE
~ESIGNATIONI PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF
10000.00 FOR VIOLATIONS THERLOFr AND PROVIDING FUR AN
EFFECTIVE DATE.
Chew motion, Hopkins second to adopt the ordinance. On roll call
vote, McAdams 'nays' Alexander 'aye,' Hopkins 'aye,' Alford 'aye,'
RiddleSpergor 'aye,' Chew 'aye,' and Mayor Stephens 'nay,' Motion
carried 5 to 2 with Council Member McAdams and Mayor Stephens
casting the 'nay' votes.
C. The Council considered adoption of an ordinance
ordering an election regarding Capital Improvements Program bonds to
be held on December 13, 1986.
City Manager Lloyd Harrell reported that Mr. Bob Speer was
recommended for appointment as the Presiding Judge and Ms. Perrijo
Midgett as Alternate Presiding Judge. The net deli after the
a issuance of the bonds would be $45,363,730.
The following ordinance was presentedt
U0. 86-222
u URDINANCk CALLING A UUNU ELECTION
Riddtesperger motion, mcAaams second to adopt the urainance, Cn
z, roll call vote, McAdune 'aye,' Alexander 'aye,' Hopkins 'ayw,'
Alford 'aye,' 8ibdiesperger 'aye,' Chew 'aye,' and Mayor Stephens
'Aye.' Motion carried unanimously.
0. The Council considered adoption or an urainance
prohibiting U-turns on Audra Lane At its intersection with McKinney
Street,
" ,•,al~ Rick Svehla, Assistant City Manager, repottOd that this LnterseCtl on
was now signalized but drivers were still making U-turns.
The following ordinance was presented:
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N0, 86-223
AN ORDINANCE UP THE CITY OF DENTON, TEXAS, PROHIBITING U
TURNS ON AUDRA LANE AT ITS INTERSECTION WITH MCKINNEY
STREETI PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
M 200.00 FOR VIOLATIONS THEREOPI AND PROVIDING FOR AN
fPECTIVE DATE.
Alexander motion, Alford second to adopt the ordinance. On roll
call voter McAdams 'aye,' Alexander 'aye,' Hopkins 'Ayer' Alford
,i. 'aye,' Riddleaperger 'aye,' Chew 'aya,' and mayor StBphens 'eye.'
Motion carried unanimously,
E. The Council considered adoption of in ordinance
authorizing entry into an interlocal cooperation Agreement between
the city of Denton and Denton County for health services, repealing
Ordinance No. 66-1H9 to provide for a revised tote for such Services.
r`Il, Paulette Owen-Holmes, Project Administrator, reported that, as
anticipated, several cities had opted not to use the services of the
,y County Health Department, This had caused a change in the Cdet t0 E
the City of Denton with the new amount being $66,742.
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City of Denton city council Minutes
Meeting of November 1, 1986
' Page Eleven
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Debra Osayovitch, City Attorney, reported that the contract could be
i amended to provide for future reassessments. Item IV of the
contract could be emended to state '.,,s provided however, that in
{ the event additional cities within the County should contract with
the County for public health services for the 1986-87 fiscal year
and pay fees pursuant to such contracts, County agrees to reevaluate
and [educe the consideration provided for herein proportionally,'
The following ordinance was presenteds
NO. 86-t2{
E AN ORDINANCE AUTHORISING ENTRY INTO AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY Of DENTON AND DENTON
COUNTY FOR HEALTH SERVICES, REPEALING ORDINANCE NO. H6-169, ,
TO PROVIDE FOR A REVISED RATE FOR SUCH SERVICES, AND I
PROVIDING FOR AN EFFECTIVE DATE,
rt •Chew motion, Alexander second to adopt the ordinance and to amend
the contract to provide for reassessment. On roll call vote,
McAdams 'ayeAlexander 'aye,' Hopkins 'aye,' Alford •aye,•
Aiddlesperger 'aye,' Chew 'aye,' and Mayor Stephens 'aye.' Motion
ccrrisd unanimously.
Council Member Riddlesperger left the meeting.
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6. Resolutions
A. The council considered approval of a resolution
changing the intensity policy near Lake Lewisville.
Cecile Carson, Urban Planner, reported than this was the formal
resolution ,d recommendation from the Planning and Zoning
k Commission regarding these three intensity areas in the Lakeview
area.
The following resolution was presenteos
H h' U L U It I O N
WHEREAS, the Denton uevelo om ent Guide, 19870 as amencea,
+:J
was adopted as the Olflcial land use and oevelopmane guide for the
City to be used in conjunction with planning, development ana lane
use decielon.ij and j;
WHEREAS, the Guide uividee the City into high, moderate and
low intensie
and y Planningareas to insure the goal of balanced growths
' WHEREAT, additional lands have been annexed for which
toning has bean requested in areas for which the Guide has not
~ provided an intensity planning indess and
ifHEREAS, the City Council, upon the recommendation i
of the
Planning and
toning g Commission #
, ashes to amend the Guide to provide
for an intensity index for the newly annexed areal Hd77 BERSrualt
BE IT RESOLVED BY THE COUNCIL OF T'HE CITY OF DENTON, TEXASs
bdCTION I.
That the Denson Development Guide, 1985, as smandad, be
further amended to prov da for t e eetr s men of three modstate
intensity areas located as follow et
14 At the intersection of U.S. Highway 1d0 and the
4 north-south major arterial street proposed for the Lakeview planned
development rezoning regasat, currently designated as 2-1779, 9-Ib00
xt,' and 9-1801.
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City of Denton city council minutes
Meeting of November 4, 1986
Page Twelve
2. At the intersection of East McKinney Street and the
north -south major Arterial street proposed for the Lakeview planned
development rezoning request, currently designated as 1-1779, f-1800
and s-1601.
3. At the intersection of the Shady Shores interchange of
Interstate Highway 35W and the north-south major arterial street
proposed for the Lakeview planned development rezoning request,
currently designated as 1-1779, 2-1000 and 2-1801.
SECTION Ii.
That a copy of this Resolution be attached to the Denton
11 o ment Guide 1985, as amended, showing the amendments Fe-57F SECTION III.
That this resolution shall become effective irmedistely
upon its passage and approval.
PASSED AND APPROVED this the 4th day of November, 1906.
' RAY STFPHENS, MAYOR
p CITY OP DENTON# TEXAS
,
ATTESTS
f CHARLOTTE ALLLN, CITY SECKtTARY
CITY OF DENTON, TEXAS
APPROVED AS i'U LEGAL FORMS
° + DEBRA ADAMI URAYOVITCH, CITY ACTORNEY
CITY Qf UEN'ION, 'TEXAS '
BY1
McAdams motion, thew second that the resolution be apyrovea. un
[oil call vote, MCAdams 'ay.,' Alexander 'aye,' Hopkins 'aye,'
Alford 'aye,' Chow 'aye,' and Mayor btephcns 'aye.' Motion carried
unanimously.
r
B. The Council considerea approval of a resolution
"a ,tNE expanding the municipal airport high intensity area,
Cecile Carson, Urban Planner, reported that this would expand the
area to Hickory Creek on the west, Staff felt this would be an
asset in economic development as well as setting high intensity
boundaries.
a xi The following resolution was pr:senteds
R E• O L U T I O N
' 0. v WHEREAS, the Denton Develo mant Guide 1985, as amended,
was adopted as the oft 1c e and use and development guide for the
a t City to be used in conjunction with planning, development and land
use uecislonst and
NHtREAS, the Guide divides the City into high, moderate and
"I Pr, low intensity planning areas to insure the goal of balanced growths
x and
WHEREAS, the City Council, upon the recommendat Loll of the
Planning and toning Commission, wishes to expand the original
tit boundaries of the Guide in refetence to the land in and adjacent to
the Denton Kunicip`ai- Airport to provide for n expanded high
intensity planning erect NOW, THEKEIORE,
I
ti
City of Denton City Council Minutes
Meeting of November e, 1986
Page Thirteen
}
i
BE IT RESOLVED BY The COUNCIL OF THE CITY Of DENTON, TEXASi
SECTION 1.
i
That the Denton Deve12
went Guide 1985, as amended, be
further amended by expantl ng t e was ern oun dry of the high
intensity planning area in and adjacent to the Denton Municipal
Airport, cufrentl; shown as extending to tht middle of the main
runway, to the west to the Dry Fork Branch of hickory Creak. €
SECTION 11.
4
That a copy of this Resolution be attached to the Denton
Development Guide, 1985, as amended, showing the amendment E-451-ft
made.
' SECTION II1
That this resolution shall become effective immediately
upon its passage and approval.
PASSED AND APPROVED this the 4th day of November, 1986.
. ' RA STEPN N , M UR
CITY Or VENTON, TEXAS
s i ATTES'fi
Y n~
CHAALOTTE ALLEY, C'1TY SEC'ALTARY
? ' CITY OF DENTON# 1EXAS
APPRUVED AS TO LEGAL FUHMI '
r f UEbKA ADAMI DAAYOVITCH, CIIY A'1'10kNEY
r r -r, CITY Or DEKON, TEXAS
ti
;i BYt
Alexander motion, McAdams second that the resolution be approved.
On roll call vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,'
4 Alford 'aye,' Chew 'aye,' end mayor Stephens 'aye.' Motion carried
unanimously
zM`;
C. The Council considered approvP1 of a resolution
' a+' 3 converting the frontage roads along Inters Highway 359 from
l state school Road to the city limits to w r operation to be
effective 30 days prior to the beginning of construction,
' Rick Svehla, Assistant City Manager, reported that this change was
being requested based on a recent communication from the State
Hi Away Department. The service roads would remain two-way until
all construction was completed on an overpass. This should be
accomplished in approximately two years.
I.~ r
t° The following resolution was preaentedl
R E S 0 L U T I ON
WHEREAS, on Interstate Highway 35E, from north o! Hickory
y Creek to U. S. Highway 77 mouth of Denton, in Denton County, T*XLm,
project to presently included in the S Year Development Schedule
F, of the 10 Year Project Development Plan for widening the existing 4
facilityl and {
b r MHEAEAS, increasing industrial development in the immediate
r titer area of Farm to Market Road 2181 mandates that special attention be
given to Interstate Highway 359 in the Denton, Corinth, hickory '
Creek and Lake Dallas areal and i'
; a
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city of Denton City council Minutes
Meeting of November 1, 1956
page Tourteen
nt imps
NH£REA9, It has mean determined that immineLake ofsethd
35E would require the conversion of the
Higbway Cities of Denton, Corinth,
to Iage a to one-way operations and
Eronty roads within the an Interstate highway
k from two way
Hickory Crea- office
s of access alon4 ton,
D.C.,
NHEREASr now highway point Administration Washing
[!quire OC&I TH£RETORE,
approvelr NON, TEXAS'
BE IT RESOLVED BY THE COUNCIL Of THE CITY OF D£NTONr
I
k C
SECTI rees to coopetate in he
city of Denton agInterstate Highway 35E' from
the roads along tatian.
State t School of [tthe oad to the 9City limits, to one-way °Pa
SECTI the State
with
of Denton further requests
the City t, Proceed
That a and Public Ttanspo[tation acquisition
Department of highway through right-of-way orate 1,'its
y
p[oiect development hway 35£ inside the Corp
on Interstate Hig any necessary intercbanges and ramp
construction of Denton including
of the city
SECTIUN~s an ordinance Con"
agrees to adopt upon receipt
Denton City of Denton y
Fubl
the reads to and
highThat the frontage the beg
atemetrior of to Highways of
State Uep inning
of rty f3u
k y'k of tw[itten notice Leas the 1 days p
Te kneportation at least tai improvements.
construction an tau highway
" 4' +g^c~ SECTIU~. City of Denton heret+y
't y s means uE this Resolution, the artment or Hi9hwdatays
ea
8490 Denton Oountyr 6
a a.„ BY
S ` accepts minute order No. 8 of the State Uep t 4
and public TransPottation for District No. IS,
August 15, 1986!
} r " SECTS shall become effective immediately
That this reaolution
approval.
Y "
assage and 19E6.
upon its p 4th day of Novembers
r PASSED AND APPRUYED this the
k
a ' A !iT p EC g, It
` CITY Of DENTON, TEXAS
4
' yr
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ATTEST'
r
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CM TE LEN, C TV SEC;ttETARY
CITY OT DENTONa TEXAS
i; AppROVED AS to LEGAL FORCI'TY ATTORNEY
DEBRA ADAM1 DRAYOVITCH,
t~ TEXAS
CITY OT D£NTON,
r C On toll
BY1 roVed~
~ eye,o Alford
Alford second that Athe lexander resolution eY, .SneMotion carried
` Chew motion. . Alexa
McAdams aye' Stephens
oA , gall otChow 'aye,' and m ayor
t n
eye
unanimoualy,
y
04
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.Y
City of Denton City Council minutes
€ Meeting of November 4, 1986
Page Fifteen
D. The Council considered app weal of a resolution and
power line lia,nsa for crossing at Mayhill Road and the
Missouri-Xans a -Texas Railroad Company.
I
City Manager Lloyd Harrell reported that this was a routine item. ~
The following resolution was presented: I
i
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
The Mayor in hereby authorized and directed to execute on
r behalf of the City of Denton, Texas, a Pipe Line License Agreement i
dated September 1, 1986, between the City of Denton and the
Missouri-Kansas-Texas Railroad Company, relating to the
construction, reconstruction, use, maintenance, repair and
installation of one aerial electrical distribution line containing a
maximum of 11.7 XV at Mile Post K-775.25, Denton County, Texas.
PASSED AND APPROVED this the 4th day of Novembers 1986.
$ RA STEPHE S, M OA
CITY OF DENTUN,TEXAS
.
ATTEST:
CHARLOTTE ALLEN, CITY SECRETARY
" CITY OF UENTUN, TEXAS
t~4 APPROVED AS 10 LEVAL FVRM:
i DEBRA ADAMI DAAYOVITCN, CITY ATTORNEY
CITY OF UENTUN, TEXAS t
v } Alford motion, Hopkins second that the resolution be approved. On
toll call vote, McAdams 'aye,' Alexander 'ayehuykins 'aye,'
Alford 'aye,' Chew 'aye,' and Mayor Stephens 'aye.' Motion Carried
unanimously. b
+r E. the Council was to have considered approval of a
resolution adopting two i21
personnel policies: rY',.
r 108.04 use of city vehicles
i ~ 1171ul Separation/out
: -processing
` procedures
This item was removed from the agenda by staff,
F. The Council considered approval of a -esolution
stating the intention to appoint a CIP 191 committee.
The fullowing resolution was presentedr
w R E B 0 L U T I U N
WHEREAS, the City Council has called and ordered a 4ond
election for December 13, 1966 for the purpose of submitting to the
voters of the City of Denton certain Capital improvementst and
WHEREAS, the Blue Ribbon committee fulfilled its charge of
t,y ✓ making recommendations relative to the projects which should be
t submitted to the electorate and# among those recommendations was the
suggestion that A special committee be appointed by the City Council
~'..t to monitor, evaluate and report on the progress of the Five Year
+ Capital Improvements Program should the same be authorized by the
voterst
f ,
~ y.
as .a
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.
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.
S
City of Denton city council minutes
Matting of November 41 1986
Page Sixteen
t
WHEREAS, the City Council is desirous of accepting Such
recommendations NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, T'EXASI
SECTION 1.
That the City Council hereby commits to its intention to
appoint a special committee to monitor, evaluate and report on the
progress of the Five Year Capital Improvements Program, should the
same be authorized by the voters in the special election to be held
on December 13, 1986.
SECTION II.
That this resolution shall take effective immediately.
PASSED AND APPROVED this the 4th day of November, 1986. {
PAY
CITY OF DLNTON, TEXAS
ATTESTS
i
CITY OF DENTON# TEXAS
r,~~ • ~ APPROVED AS TO LEGAL FORms
1 ",;t p ~f~ DEBRA ADAMI DNAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TFXAS
A
Yw,° a~ ? CSyl
hew motion, Alford second that the resolution be approved. On roll
call vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,' Alford
7 7'0+`. rj` 'aye," Chew "aye,' and Mayor Stephens 'aye.' Motion carried
unanimously.
F 0. The Councii considered approval of a resolution
declaring Tuesday, November ib, 1986 to be Mayor's D-Day in the War `
on Drugs. 7,
r The following resolution was presenteds
RESOLD^, ION
~ WHEREAS, drug abuse has grown to such in extent that it now
`j threatens the proyress, the quality of lift, and the very security
of this great nation[ and
WHEREAS, the national war on dtuga must be fought on all
levels, on all fronts, and the battle in our cities will be a
critical one because it is in out titles that the demand for iliegai ;
w drugs must be halted) and
WHEREAS, a successful counter-attack on drugs will require
the active support of all the citizens of out citiess and
WHEREAS, the United States Conference of Mayors has
declared Tuesday, November 16, 1986 Mayor's D-Day in the Wag on
Drugs and has called upon all mayors to join that day in a national
r' mobilization that will falls all citizens' awareness of the threat
posed by illegal drugs) NOW, THEREFORE,
SE IT RESOLVED BY THE COUNCIL OF THE CITY Of DENTON, TEXA51
,
i.
+
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City of Denton city council minutes
Meetirg of November 6, 1986
Page Seventea,,
SECTION I.
i The Council of the City of Denton hereby declares Tuesday,
November 180 1986 to be Mayore' D-Day in the war on Drugs in the
! City of Denton, Texas.
SECTION It.
That the citizens of the City rt Denton, Texas participate
in our goal of a drug-tree City and a dru2-frue America.
SECTION III.
That this resolution ah,al become effective immediately
upin its passage and approval.
PASSED AND APPROVED this the 6th day of November, 1986.
' RA STEPHENS, MAYOA - f
CITY Of DENTON$ TEXAS
ATTEST2
CHARLOTTE , ciSY CR TAR
CITY Of DENTON, TEXAS
APPROVED AS TO LEGAL 1'-IRM2
DEBRA ADAM[ DRAYOVITCH, CITY ATTORNEY
' CITY OP DENTON, TEXAS
7 BY:
chew motion, Alforo second that t9e resolution be approved. On till
u r call vote, McAdams 'aye,' Alexander 'ays,' Hopkins 'aye,' Aiford
*aye,' L'ntw 'a'ye,' and Mayar btephens 'aye,' Motion Clr!t4l '
unanimously.
r 7. Tne Council received a report on the following m1acel-
ti i leneous matters from the city manager.
k+~ ? :ity Manager Lloyd Harrell reported that transportation would be
rovided toe Council Members attending the planning seminar in ",ls
Callas on November 6. Those interested should Pleat in the Civic
€r Center parking lot at 71u0 a.m. and the group would return to Denton
v a t•':i around 6130 p.m.
tour possible dates h:W been offered by the City's auditors for a
'}11 tax seminar. The council decided on Tuesday, November 35th at
F , ,c 5230 P.M. in the city council Chambers.
Martell concluded by reported that at the close the the City's
financial books, the genital revenues exceeded expenditures by
approximately $1960000.
S. New Business
~+t No items of new business were suggested by Council Members
r,1 for future agendas.
C~ S 1, .I lt. ~(~il
's The Council then considered agenda item 13 which had been delayed
'f k due to time constraints,
`d} p The Council considered giving gardlng
eo9lneerin9 work on the Oak-MickotY atreet aimPfrovementPtio1ect, ;r
dl r,"' <
't + + . City Manager Lloyd Harrell repotted that the Hickory street ceiign
yM1 had been delayed until after January 1 pat Council's lnstructionr,
Other projects would be started in the interim. The design element
L ` .1
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City of Denton city council minutes
i Meeting of November 4, 1986
Page Eighteen
spoke to two subjectsi one was the long range transportation plan
for the Cityr which would be vitally important. Hickory could be
designed to be one-way with couplets with one side left for on
street parking or it could be left twc-way with no parking. Staff
was presenting four alternatives:
1. a width of 37 feet with 3 lanes one-way (representing
a savings of $70,000)
2. a width of 37 tc 45 feet with 3 lanes one-way and
parking on 1 Iona (representinC a savings of $50,000) r'
3. a width of 45 feet with 3 lanes one-way with parking
on 1 side (representing a savings of $28,000)
4. a width of 4S feet with 2 lanes each way and parking
on both sides (representing no savings)
Staff was recommending alternate 13.
t~ Chew motion, Alford second to direct statf to proceed with the
englneatinS work on the Oak-Hickory street improvement
alternative t4. Motion carried 5 to 1 with Council Memter McAdams
canting the `nay' vote.
9. No official action on Executive Session items of legal
matters, real estate, personnel and/or board appointments was taken.
{7s i 10. The Council convened into the Executive Session to discuss
d , legal matters, real estate, personnel and/or board appointments. No
t r ,;,'a official action was taken.
o With no further items of business, the meeting was adjourned.
r
p~" f{ ` ~ •f RAY ,STEPNtNS, MAYOR .
R R u iE PLLUT; C117 s`tCxL7M
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I city Council minutes
I November 18, 1986
The Council convened into the Work session at
1
Defense Room. 5:00 p.m, in the civil
,
5:00 p.m.
PRESENT: Mayor Stephens: %ayor Pro Tem Alford: Council Members
Alexander, Chew, Bagkins, McAdams and Riddlesperger
City Manager and City Attorney
j ASSENT: None
1I1 1. The Council held a discussion with Leadership Denton group
from the chamber nt Commerce.
An informal get acquainted session was held between the Leadership
Denton group from the Chamber of Commerce and the City Council
Members.
5:45
p.m.
1. The Council then held a discussion with the Municipal Judge
regarding various issues concerning the Municipal Court and Court
Clerks Office.
This item was taken under the Executive Seaelon.
2. The Council convened into the executive Session to discuss
Personnel/Board Appointments. No official actior. was taken.
b:1S p.m.
j Agenda item 12 on the 6:15 p.m, agenda was moved ahead in the order.
' F } . 2. The Council considered
refunding ut giving staft direction on the
$1,000000 Series 1984 Utility Revenue bon-is and
;i ;2U,0UU,000 belies 1984-A utility Revenue Bonin.
Juhn McCrane, Director of finance, reported that under the new tax
law, the City would be allowed to refund bonus twice. These
particular bonds had not been [*funded. Staff and the City's
nAncLal advisors had been watching the market and approximately
X1,000,000 could be saved it the bonds were refunded at this time,
s The bongs could be refunded again at a future date if that would be
advantageous. The refunding would take approximately 70 to 4S days
to negotiate and begin the procedures. lie was recommending that
this be accomplished prior to the first of the year.
F Mr. Prank Medanich, first Southwest Company, reported that the City
only had two bond issues which could take advantage of this option
and refunding represented ■
$108000000 to the City. Thais savitoss ngs could be taken S'up0front' or
at the end of the issue. His staff was hoping to be able to put the
refunding package together and have it underwritten before the end
of the calendar year.
Alexander motion, chew second to proceed with the refunding
procedures, Motion carried unanimously.
The Council then returned to the agenda order.
i' 1. The Council considered approval of a recommendation of the
i Cable TV Advisory Board on the selection of the firm for cable
television reftanchisement consulting services with the amount of f
t the contract not to exceed $270840,00,
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.
City of Denton city council minutes
meeting of November 16, 1986
Page Two
Bill Angelo, Director of Community Services, reported that over the
last few weeks, staff had been reviewing proposals from consulting
firma. The proposals had been narrowed to two firma which had been
interviewed. Staff was recommending the selection of CTIC as the
consultant on refranchisement. The total cost would be 433,240 and
this would be recovered from the cable TV system curing
refranchisement.
Council Member Riddlesperger asked if there was a possibility of
changing cable companies.
v
Angelo responded that Sammons had performed well. The City could
renew the franchise or go with municipal ownership. A hard look
would be given to Sammons operations.
Chew motion, Alexander second to approve CTIC as the consulting firm
to be used for cable television refranchisement services. Motion
'p. carried unanimously.
3. The Council then held a discussion of initiation of
condemnation proceedings.
This item was taken under the Executive Session.
4. The Council convened into the Executive Session to discuss
legal matters, real estate and personnel/board appointments. No p
P. official action was taken.
F I,
r
The Council convened into the Regular Meeting at 7:00 p.m. in the
Council Chambers.
i
6{b , - v=
: PRESENT: Mayor Stephenat Mayor Pro lem Alford: Council members
CC Fh t°t' Alexander, Chew, Hopkins, %cAdams and Riadlesperger ✓r
t V
city Manage[, City Attorney and city Secretary
ABSENT: None
Mayor Stephens presented a Proclamation for ending hunger tieek to be
observed in Denton November 16th through 24th.
' The proclamation was accepted by Ms. Susie ureen and hr. Parrish
x Johnson.
1. Consent Agenda
ry, 4 1 e
+ Item 1 1.A.9 was removed from the Consent Agenda by staff.
Alexander motion, Chew second '.o approve the Coasent Agenda as
rpresented with item 1 1.A.9 removed. Motion carried unanimously.
of Consent Agendas
A. Bide and Purchase Orderer
" z ;rr 1. Bid 1 9664 - Air switches
2. Bid 1 9665 - Cut outs/squirrel guards
3. Bid 1 9666 - 1000 RYA transformer
4. Bid 1 9657 - Asbestos removal
fl. 5. Bid 1 9668 - Tree trimming miscellaneous
electric lines
6. Bid 1 9669 - Mater and sewer supplier
Bid 1 9671 - Remanufactured ambulance
8. Bid / 9679 - Medical supplies
(REMOVED
BY STArr) 9. Bid 9 9681 - Gasoline and diesel
~F 10. Purchase Order 1 75987 to Southwest Blectria
in the amount of $16,876,00
11. Purchase order 1 76014 to General klectrio
in the amount of $29,938.00
'L
.A
fir.
6
City of Denton City Council Minutes
Meeting of November 18, 1986
Page Three
e, Plats and Replatal
I. consider approval of preliminary and final replat
of the Original Town of Denton Addition, part of
Lot 2, Block 25. (The Planning and Zoning
Commission recommends approval.)
2. Consider approval of preliminary and final replat
of the Veterans Addition, Lots 1 and 2. (The
Planning and Zoning Commission recommends
approval.) w
3. consider approval of preliminary plat of the
Trinity Addition, Lot 1, Block 1. (The Planning
and Zoning Commission recommends approval.)
C. Change Orders
1. Consider approval of Change Order to Bid F 9609 r•,
t (Stuart/Pershing paving and drainage improvements)
Agenda item 03.A. was moved ahead in the agenda order.
3. Resolutions
< r A. The Council considered approval of a resolution
closing Highview Circle on December 1, 118b from 5130 p.m. until
r ' 10:00 P.M. for a black party.
Mr. Gary Kirchofr, representing the neighhors, stated that this
street was circular and the residents wished to have the street
closed for a block party.
The following resolution was presented: p
r.
s ,j R E S O L D T 1 0 N
S WhERLAS, on Monday, December 1, 1v8b, the resiaer,ts of }
Highview Circle will hold a block partys and
< f71 ;
1 WHEREAS, all abutting residents have given their permission
to the temporary closing of said Highview Circles and
WHEREAS, in order to provide adequate space for this party,
§ 4 and in order to protect the safety of citizens who attend, the City
ry4 o isc = Council of the City of Denton deems it is necessary to temporarily
close Highview circle from the hours of 5i 30 P.M. until 10100 P.M.
t 1... on December 1, 19851 NOW, THEREFORE,
BS IT RESOLVED BY THE COUNCIL OF THE CITY Of DENTON:
SECTION 1.
That highview Circle shall be temporarily closed as s
public street or thoroughfare of any kind or character whatever on
December 1, 1986 from 5130 P.M. until 10100 P.M, for the purpose of
,fr ti " A`xr' holding a block party,
°1;x' + ryj SECTION It.
That the portion of the above described street shall covert
back to the City for normal traffic activity immediately from and
{ after 10s00 P.M. on December 1, 1986.
y, SECTION 111.
4
That this resolution shall be effective immediately attef
its passage and approval, '
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v... a ^f.•. : t.~ry , wry +4tir1M 1
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~ 'I
City of Denton city council minutes
Meeting of November 18, 1986
Page Four
PASSED AND APPROVED this the 16th day of November, 1986.
RAY STEPHENS, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CRARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS -
APPROVED AS To LEGAL FORMA
DEBRA ADAKI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BYt
Riddleaperger motion, McAdams second that the resolution be
5r approved. On roll call Vote, McAdams 'aye,` Alexander "aye,'
Hopkins 'aye,' Alford 'aye,' Riddlesperger 'aye,' Chew 'aye,' and
*Ar ''f Mayor Stephens 'aye.' Motion carried unanimously.
The Council then returned to the regular agenda order.
2. Ordinances
A. The Council considered adoption of an ordinance
iA accepting competitive bids and providing for the award of contracts
for the purchase of materials, equipment, supplies ur services.
c
q 'r The following ordinance was presented:
NO. 46-225
AN ORDINANCE ACCEPTING COMPETITIVE BLO5 At+D AWARDING A
CONTRACT rOR ThE PURCHASE UF MATERIALS, ti,UIPMENTr SUPPLIES
OR SERVICESI PROVIDING FOR ThE EXPENDITURE OF FUNDS
TnEREFORE: AND PROVLDING FOR AN EFFECTLVE DATE. A
McAdams motion, Chew second to adopt the ordinancw. On roll call
vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'ayer' Alford 'aye,'
ti'• RiddlesPergs, 'ayer' Chew 'aysr' and Mayor Stephens 'aye.' Motion
carried unanimously.,
!
B. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of contracts
lG for public works or improvements.
The following ordinance was proaentea:
+
n ti aA, N0. 86-726
tl t
IT,
~ M4F , ~fy AN ORDINANCE ACCEPTING COMPETITIVE BIOS AND PROVIDING FOR ,
THE AWARD OF CONTRACTS FOR PUBLIC WORKS UR IMPRUVEMENTSI
Hi""PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND
PROVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Alford second to adopt the ordinance. On roll call
vote, McAdams 'aye,' Alexander 'ayer' Hopkins 'ayer' Alford 'lye,'
r ti' Ridalesperger 'ayer' Chew 'ayer' and Mayor Stephens 'aye.' Motion
carried unanimously.
i C, The Council considered adoption of an ordinance {
providing for the expenditure of funds for emergency purchases of '
~f, " M materials, equipment, supplies or services in accordance with the
A provisionbide, law exempting such purchases from requirements
competitive a
f :x
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City of Denton city council minutes
Meeting of November 18, 1986
• Page five
The following ordinance was presented:
NO. 86-227
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIU14S OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS: AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Chew second to adopt the ordinance. On roll call
vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,' Alford 'aye,'
Riddlesperger 'aye,' Chew 'eye,' and Mayor Stephens 'aye.' Motion
carried unanimously.
D. The Council considered adoption of an ordinance
authorising the expenditure of funds by the City of Denton for an
annual membership fee In the American Public Power Association.
The following ordinance was presented)
N0. B6-228
e=,
AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS BY THE
C17Y OF DENTON FOR AN ANNUAL MEMBERSHIP FEE IN THE AMERICAN
' PUBLIC POWER ASSOCIATIUN AND APPROVING THE EXPENDITURE OF
FUNDS THEREFUREI AND PROVIDING FUR Ali LFFECTIVE DATE.
' Alexander motion, McAdams second to adopt the ordinance. On roll
% call voter McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,' Alford
'eye,' Riddlesperger "aye,' Chew 'aye,' and Mayor Stephens 'rye.'
Motion carried unanimously.
i'
{ E. The Council considered adoption of an ordinance
authorizing the execution of Amendment No. 1 to the monitor and
research contract between the City of Dentonr City of Dallas and
North Texas State University.
Mayor Stephens stated that the name of the Provost should be changed
from Toulouse to Golden. %
The following ordinance was presented,
y+ +,r NU. 86-229
AN ORDINANCE AUTHORISING THE EXECUTION OF AMENDMENT Nu. 1
TO THE MONITOR AND RESEARCH CONTRACT BETWEEN THE CITY OF
DENTON, CITY UP DALLAS AND NUR9h TEXAS UNIVERSITY, AND
S { x DECLARING AN EFFECTIVE DATE
' McAdams moticn, Chew second to adopt the ordinance# on roll call
vote, McAdams 'aye,' Alexander 'aye,' hopkins 'aye,' Alford 'aye,'
a Riddlesperger "aye,' Chew 'aye,' and mayor Stephens 'aye,' Motion
carried unanimously.
y y ~
P. The council considered adoption of an ordinance
approving a funding agreement between the City of Denton and Fred
Moore Child Care Centers authorising the Mayor to execute the 4
agreement and approving the expenditure of funds therefor.
The following ordinance was presentedt I
t r N0. 8E-230
rr
AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY
OF DENTON AND FRED MOORE CHILD CARE CENTER: AUTHORISING THE I
MAYOR TO EXECUTE THE AGREEMENTS APPROVING THE EXPENDITURE
OF FUNDS THEREFOR91 AND PRQVIDING FUR AN EFFECTIVE DATE.
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e City of Denton city council Minutes
Meeting of November 18, 1986
Page Six
McAdams motion, Hopkins second to adopt the ordinance. On toll call
vote, McAdams, 'aye,' Alexander 'aye,' Hopkins 'aye,' Alford lays,'
Riddlesperger 'aye,' Chew 'aye,' and Mayor.Stephens 'aye.' Motion
carried unanimously.
G. The Council considered adoption of an ordinance
approving a funding agreement between the City of Denton and Denton
City-County Day Nurseryl authorising the Mayor to execute the
agreement and approving the expenditure of funds therefor.
The following ordinance was presented:
NO. 86-231
AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY
OF DENTON AND DENTON CITY-COUNTY DAY NURSERY] AUTHORISING
THE MAYOR TO EXECUTE THE AGREEMENTr APPROVING THE
" EXPENDITURE Of FUNDS THEREFORE] AND PROVIDING FOR AN
EFFECTIVE DATE.
Riddlesperger motion, Chew second to adopt the ordinance. On roll
call vote, McAdams 'aye," Alexander 'aye,' Hopkins 'aye,' Alford
'aye,' Riddlesperger 'aye," Chew "aya,' and Mayor Stephens 'aye.'
Motion carried unanimously.
H. The council considered adoytion of an ordinance
approving a funding agreement batween the City of Denton and Denton
County Friends of the Family: authorizing the Mayor to execute the
~ 1r i agreement and approving the expenditure of funds therefor.
,~?i, The following ordinance was presented(
NO, 86-232
AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY
VF DENTUN AND DENTUN COUNTY FIIENDS VF THE FAMILYI
i14 a, t AU'CHUHIEING THE MAYOR TV tXECUTE THE AGRELMENTI APVHUVING
THE EXPENDITURE OF FUNDS THEREFORE1 AND PROVIDING FOR AN
LFFECTLVE DATE.
r, a '4 McAoame motion, Hopkins second to adopt the ordinance. On toll call
Vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,' Alford 'eye,'
° Riddlesperger 'eye,' Chew 'aye,` and Mayor Stephens 'aye.' Motion
i carried unanimously.
r " 1, The Council considered adoption of an ordinance
a approving a funding agreement between the City of Denton and
Services Program for Aging Needs (SPAN) relating to Handihop
servicel authorizing the mayor to execute the agreement and
w approving the expenditure of funds therefor.
The following ordinance was presenteds
r4
AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY
OF DENTON AND lERVICE9 PROGRAM FOR AGING NEEDS (SPAN)
RELATING TO HANDIHOP SERVICE] AUTHORISING THE MAYOR TO
t . k EXECUTE THE AGREEMENT# APPROVING THE EXPENDITURE OF FUNDS
THEREFORSt AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkino motion, Chew second to adopt the ordinance, on roll call
vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'eye,' Alford 'eye,'
a; Riddlesperger 'aye,' Chew 'aye,' and Mayor Stephens 'Aye.' Motion
a carried unanimously,
r ,i r
' J. The Council considered adoption of in ordinance ;
approving a funding agreement between the City of Denton and Services
s,`,• Program for Aging Needs (b.AN)i authorizing the Mayor to execute the
1
agreement and approving the expenditure of tunas therefor.
1. 1 n ~L i
City of Denton city council minutes
E Meeting of November 18, 1986
i$ Page Seven
F The following ordinance was prosenteds
No. 86-234
AN ORDINANCE APPROVING A FUNDIEEME BETWEEN THE CITY
Of DENTON AND SERVICES PROGRAMNFORGAGINGNNEEDS1 AUTHORIiING
THE MAYOR TO EE THE t NG
EXPENDITURE OF FUNDS XECUT THEREFOREIREANDNTPROVIDINGVIFOR TAN
EFFECTIVE DATE.
Alford motion, Chew second to adept the ordinance. On roll cell
vote, McAdams 'eye,' Alexander 'aye,' Hopkins 'aye,' Alford 'aye,'
Riddlesperget 'aye,' Chew 'Ayer' and Mayor Stephens 'aye.' Motion
carried unanimously.
X. The Council considered Adoption of an ordinance to
create S. 'NO Parking' zone on the east and west sides of Jason
street south of its intersection with Londonderry Lane.
Pick Svehla, Assistant City manager, reported that the Citizens
Traffic Safety Support Commission had reviewed this at their last
meeting and had concurred that this action would eliminate parking
problems in this area. Police officers had been issuing tickets but
a vehicle had to be parked for a certain amount of time before a
ticket could be issued.
Council Member McAdams asked if another alternative could be
suggested to solve the problem.
sc Svehla responded that tickets were issued to vehicles parked at this
j location if they had been stationary for 24 hours. If the proposed
ordinance were approved, vehicles could be ticketed immediately.
This street was only IUO feet long and was a dead-end.
fi f Mr. Doug Ebersole stated that he owned a building on Jason and
~n'yr- ,y Londonderry and had been experiencing problems with large rucks
d parking on the dead-end street. Undo[ the current city ordinance,
It,` F the fee for such a violation was only $6.00. This was presenting a
safety problem as residents had to drive up Londonderry to get to
i1 the area cruse notnonb the k
Londonderry truck r ute rand hwas noteconstructed ito
7
beat the weight of these large trucks. ,
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McAdams stated that it appeared to disadvantage the people who lived ~
I in this area by taking away their parking. n
M[. Ebersole responded that the area had never been used by the
residents of his building for parking.
City Manager Lloyd Har[all reported that it had been discussed if it
would be possible to differentiate between cars and trucks in the
ordinance. However, this could not be done. Staff felt that, in "
this particular circumstance, it was more advisable to remove all
' on-street parking as the street was only 100 feet long and was a
dead-end.
4 The following ordinance was presentedr
4 NO. E6-215
+t AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE ~ .
t EAST AND WEST SIDES OF JASON STREET SOUTH G! ITS
INTERSECTION WITH LONDONDERRY LANEI PROVIDSlO A
SEVERABILITV CLAUSEI PROVIDING A PENALTY NOT TO EXCErID TWO
HUNDRED DOLLARSI AND DECLARING AN EFFECTIVE LATE.
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City of Denton City Council Minutes
Meeting of November 18, 1986
Page Eight
Alexander motion, Hopkins second to adopt the ordinance. On roll
call vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,' Alford
Riddlesperger 'eye,' Chew 'aye,' and Mayor Stephens 'aye.'
Motion carried unanimously.
3. Resolutions
B. The Council considered approval of a resolution
adopting two (2) personnel policies:
108.04 Use of City Vehicles
112.01 Separation/out-processing policy
i
city Manager Lloyd Harrell reported that staff, under the direction
of Paulette Owen-Holmea had been working hard to put together
existing City policies into bound form.
The following resolution was presenteds
R E S 0 L U T 1 0 N
°'r r WHEREAS, the Director of the Personnel/Employee Relations
Department for the City of Denton has presented proposed policies
. regarding employee rules and regulations for the Council's
consideration: and
A
WHEREAS, the City Council desireo to adopt such policies as
official policies regarding employment with the City:
If, I 1z NOW, 'THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF DENTON, TEXAS, THAT:
SECTION I.
r,,, r• The following policies, attached hereto and made a pact `
hereof, ace hereby adopted as official policies of the City of
' Denton, Texas:
Use of City Vehicles (Heterence No. 106.04)
"L. Separation/Out-Processing Procedure (Reference No. 111.0 U
,0 , ;pa
SECTION 11.
~v ~r 9 the foregoing policies are attacheo hein0 and made a part
f
heceo. and shall be filed in the official records of Lire city of •y
+ I r Denton with the City secretary.
SECTION 111.
n(. The previous policies relating to Use of City Vehicles
dS•,s (Reference No. 108.041 and Separation/Out-Processing Procedure
(Refefence No. 111.011, adopted by Resolution of this Council on
September 18, 1984 are hereby rescinded.
4'~M1Jy sI,^ SECTION IV.
This Resolution shall become effective immediately upon its
;2fFws x~^~` passage and approval.
w
„e~ x y,, Vie- PASSED AND APPROVED this the 18th day of November, 1966.
R STP S, M
CITY OF DENTON, TEXAS '
4;R ATTEST:
y ti
CHARLOTTE ALLIK7 MY SECRETARY
1f~hs (r,._ 1,e CITY Of DENTON# TEXAS
2~ t4
D.. a
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Citv of Denton City Council Minutes
Meeting of November I8, 1986
Page Nine
APPROVED AS TO LEGAL FORM[
DEBRA ADAMI DRAYOVITCS, CITY ATTORNEY
CITY OF DENTON, TEXAS
8Y~
Chew motion, McAdams second that the resolution be approved. On
roll 11 VOtO, McAdams l
Alfordca'aye,l Rfddl ope[ge;&Xer' le avd'aye 6yeand Mayor aStephans
'aye.' Motion carried unanimously.
'I
C. The Council considered approval of a resolution
supporting and endorsing the 1986 Greater Dallas Mobility Plan.
City Manager Lloyd Harrell reported that this item echoed Council
„ Member Riddlesperger's comments to the Leadership Denton grow about
the importance of the southern loop and a roadway to the Dallas Fort
Worth airport. This items would be subject to legislative lobbying
%
during the next session.
The following resolution was presented:
R E S 0 L U T 1 0 N
' WHEREAS, traffic and transportation have become the number
6' one concern of the majority of our citizens: and t'
WHEREAS, in 1982 a detailed study was conducted which n.l
defined the magnitude of the transportation problem that existed at
that timet and
+0 WHEREAS, the 1986 Greater Dallas Mobility Plan is a
4 complete update and expansion of the 1962 report: NOW, ThEREFORE,
BE IT RESVLVEU BY THE COUNCIL OF 'IhE CITY OF LENTUN, 1'BXAS:
SECTION I.
That the City Council of the City of Denton, supports and
* endorses the goals of the 1966 Greater Dallas Mobility Plan And the
asuggested machaniem by which they xay be achieved.
ti
SECTION 11. That this resolution shell become effective immediately
1 upon its passage and approval,
%
PASSED AND APPROVED this the 18th day of November, 1986.
ryFy , 1
i4 -.~l,J a S PHENS,
MAYOR
CITY OF DENTON, TEXAS
ATTESTS
CHARLOTTE ALLEN, T ERE
.
CITY OF DENTON, TEXAS
~
V I4
~a APPROVED AS TO LEGAL FORMI
DEBRA ADAM DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
SYi r
McAdams motion, Chew second that the resolution be approved, on
roll call vote, McAdams 'aye,' Alekandcr 'aye,' Hopkins 'aye,'
r 4 Alford Rlddleaparger aye,' chew 'aye,' and mayor stephens
aye. Motion carried unanimously.
+ 1 i ~ 7
h + (Sf,
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City of Denton city council minutes
Meeting of November 18, 1986
page Ten
D. The Council considered approval of a resolution
Decembepostponir 9ng, 19the86regular city council meeting of December 2, 1986 to
,
The following resolution was presented:
R E S --G L U T I O N
str WHEREAS, a majority of the council will be out of the City
of Denton on December 2, 19860 and it is necessary that the Council
THEREFGAEfO[ such dat a be postponed until December 9, 1986) NOW
j
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS:
• SECTION I.
That the regular Council meeting to be
1986 be postponed until December 9, 1986. held on December 2,
PASSED AND APPROVED this the 18tH day of November, 1986
RA STEPHE S, MA R
+ CITY OF DENTON, TEXAS
t~
1.
t ATTEST:
CHARLOTTE ALLEN CITY SECRETARY
, . d t. CITY VF DENTON, 'TEXAS
APpROVbD AS 1'V LEGAL FORM:
DEBRA AOA.11 DRAYVVITCH, CITY ATTVRNE'Y
CITY OF LLNION
, 1EXAS
,
f + b McAdams motion, Alexander second that the resolution be a
k "4 On roll cell votes McAdams aye, Alexander aye,' Mopkinap'eye~'
• , ! 4 Alford 'aye,' Riddlesperger 'aye,' Chew aye,p and Mayor btephens
eye, Motion carried unanimously,
""c < 1 4. The Council considered rea
k Jackson to Place 2 and Ms. Note Stallingsnto Placef 4 oMr, rnor
n thevNorth
y ' r w4 'l~, Texas Higher Education Authority Board of Directors.
Riddlesperger motion, Alford second to reappoint Mr. Governor
Jackson to Place 2 and Ms. Neta Stalling to Place 4 on the North
t ' d' Texas Nigher Education Authority Board of Directors. Motion carried
unanimously.
" 50 The following miacellansoua matters Were reported from the
city Manager.
City Manager Lloyd Harrell reminded the Council of the North Central
3µi J Texas Council of Governments legislative dinner to be held in
k* i Dallas on December 11.
r" t s Harrell also reminded the Council that the tax seminar
STr Deloitte Haskins and $0116 would be held on Tuesday at 500 even by
the City Council Chambers, y p.m. in
0'ne aEnvironmental Protection Agency had scheduled a
public nearing
Erw gus problems in Denton County to be held December ltl
~trr :tf beginning at t 6 6r 0 p.m, in the City Council Chambers. This issue s
14
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City of Denton City Council Minutes
Meeting of November 18, 1986
Page Eleven
would have implications affecting economic development as far ae
J what new industries could locate in Denton. Proactive steps could
i be required on existing businesses.
The sales tax had been received and was approximately $6e,Goo less
than the figures projected in the budget. Sales tax revenues were
substantially downs however, staff felt an Improvement would be seen
after the first of the year.
! 6. No items for future agendas were suggested by council
Members.
7. There was no official action on Executive Session items of
legal matters, real estate, or personnel/board appointments.
S. The Council held
Memorial Hospital. a discussion of status of transfer of cloy P.,
This item was taken under the Executive session.
i;
9. The Council reconvened into the Executive Session to
discuss legal matters, real estate, personnel/board appointments.
# No official action was taken.
With no further items of busineee, the meeting was adjourned.
AA E N$, MAYrjR
CHARLOTTE ALLEN, C11Y SECSETARY
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i City Council Minutes
{ December 91 1996
The Council Convened into the work Session at 5410 P.M. in the Civil
Defense Room.
PRESENT: Mayor btephenar Council Members Alexander, Chew,
Hopkins, McAdams rna Riddlesperget
i City Manager, City Attorney and City Secretary
ASSENT: Mayor Pro Tem Alford was absent
1. The Council reviewed senior Citizen Opportunities Committee
discussions.
Steve Brinkman, Director of Parke and Mecreation, reported that this
t item had generated consideoable interest. Items which had been
dlscuseed were transportation, housing, accessibility, as well as
educational and nutritional needs. Some interest had also been
expressed in trying to reassemble this group on a yearly basis or as
new situations arose. Staff was in process of reviewing wdys to
t
work with the youth of the community in a similar manner.
I` Mayor Stephens asked if the Council would be interested in a task
farce to review youth opportunities through the Parks and Recreation
Department.
y
The consensus of the Council was to proceed with such a task force.
Council Member Riddlesperger stated that his only ublection would be
i° it there was a ouplicattun of effort by this task torte and the
~i Parks and Recreation Aovlsory Board.
>$r j Mayor Stephens raahonueu that the idea would oe to bring youth,
4 " counselors, etc. .oyether to uutermine the neeus of the youth.
` 2. The Council received an ui+ddte ou Crty Courleil goals:
Goal 1 9 - beautification
coal 112 - user fees c
Goal 1 S - City image
s, city Manager Lloyd hatrell, reporting on coal 1 9 - beautification,
stated that the back-up material was a repeat of information which
the Council had previously uiscusaed with changes Incorporated.
Three items should be noted. ,regarding the outline for the
beautification effort task torte, on January 1 the Council was
scheduled to appoint this task force to establish the mechanism to
beautify the entrances to the City. the second item concerned the
p r urban design ordinances for consideration. Some Council Membe a had
,e approached him regarding the need to accelerate the time !came which
would entail bringing the landscape Cedinance to Council during the
April/May time frame. The Parks and Xfcteation board felt the
V Z „ mandatory dedication ordinance should be considered prior to the
landscape ordinance.
Mayor Stephens pointed out the ad for a master plan t,t ttoo
planting on future bike/hike paths.
City Manager Lloyd harrell further reported that Rick Svehla,
As latent city Manager, had attempted to report to the Council on
the activities of the Code Enforcement operation for the year and
projections for next year. staff was anticipating a 15% increase in
activity for this operation during the nakt er, vehicles would be handled by the Police Department aas opposed ddntoa
Code Enforcement.
Bob Nelson, Director of Utilities, repotting on Goal 1 12 - user
feesi stated that this itW covered a broad atea and staff wanted to
' see f they were heading in the right directicn. the task force had
} , 7L `
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14
city of Denton city council Minutes
meeting of December 9, 1966
Page Two
looked at various sub-issuesr i.e., what services were provided,
which existing or new services could be funded by user tees, which
f services should the City no longer provide, and the experiences of hoe
other cities. All city department had submitted s lint of tuser
services with no specific charges and a listing of existing use[
fees or revenue supported cetviees.
Nelson then provided a presentation of the various services and
` existing fees.
City manager Lloyd Harrell, reporting on Goal 1 5 - city image,
stated that this had been a real committee effort. It was felt that
the image of City government was already positive. A chres pronged
approach was taken to solicit ideas for improvement. A questionnaire
all
he d been sent to available to citizens through the newspaper as well as questionnaire, at City hail,
and the task force had reviewed the Request for Action forme for the
last year. The information was then reviewed and several HOW TO
I
questions were formulated. It was suggested that a city motto or
minion statement should be developed. An employee city image task
force should be appointed to devise ways to market this motto. Good
work
loyie into place. C tizens slhould bebeducatedaas to thecae vrices provided
by the City through toirs, open huuse, exhibits, etc.
1, The Council held a discussion or the contract for leased
office apace.
Steve Brinkman, Director of parks and recreation, reported that -
staff .as in prucess of completing a leasing agreement lot office
apace for the Personnel and oats Processing departments.
Council Member Hiodlesperger asked if apace was available in any
} city owned buildings.
I Brinkman [espondeu there woula be if the proposed Capital
Improvements Pruyram bond issue was approved. The City could
j terminate the lease within 60 days with proper notification.
Mayor btephens stated that this te[minatton clause should include
'without penalty.'
Debra Drayovitch, City Attorney, reported that changes to the lease
had been discussed and felt the Council should review this matter in
the BxecutLve session under real estate. Mayo[ Pro Tom Alford joined the meeting.
z
~
44 The council received a report or: automated voting by the
city Council.
Steve Brinkman, Director of Parks and Recreation, presented a
mock-up 0- the proposed push button voting system for the City
Council.
The Council convened into the executive Session to discuss
5.
legal matters, real estate, and personnel/board appointmentr, NO
la, official action was taken.
r ^r
The Council then convened into she regular meeting at 7100 p.m. in
the Council chambers.
1
,y E4 PRESENTS Mayor Stephens) Mayor Pro Tam A1EccJl Council Members
Alexander, Chew, Hopkins, McAdams and Riddlesperger k
city Manager, City Attorney and City Secretary
s ABSENTS None
d~ i
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City of Denton city council minutes
Meeting of Uecember 9, 1986
Page Three
1. The. Council considered approval of the minutes of the
Reg9ular Meeting of August 5, 1986i the Regular Meeting of August 19,
19861 the Special Called Meeting of August 26, 19861 the Regular
Meeting of September 2, 19861 and the Special Called Meeting of
September 90 1986.
Riddlesperger motions McAdams second to approve the minutes as
presented. Motion carried unanimously.
2. Public Hearings
A. The Council held a public hearing on the petition of
Bellaire North Joint Venture requesting a change in zoning from the
agricultural (A) district to the planned development (PD)
I' classification and approval of a detailed plan, including the
I preliminary plat of Bellaire North Addition, on a 31.5 acre tract
{ located at the northwest corner of Audra Lent and Mockingbird Lane.
Il{ The property is further described as a tract in the William Lloyo
Survey, Abstract #773. It approved, the planned development will
permit the development of 135 rote for single family use ranging in
size from a minimum of 6,000 square feet to a maximum of 17,570
square feet. Z-1938
The Mayor opened the public hearing.
Mr. Bill Coleman, representing Burke Engineering, spoke in ravor
stating that a detailed plat had been prepared and requested the
City Council to vote in favor of the petition.
No one spoke in opposition.
i
The Mayor closed the public hearing.
i
Denise Spivey, urban Planner, reported that the parcel was located
in a low intensity area which was 11 over standard due to current
r zoning. Staff had tried to determine a less intense land use.
There were a number of planned devalopments in this quadrant with
small lots. Staff had requested the ueveloper to revise the
petition to include 7,000 square feet lots, In response, the
developer had submitted ■ new plan which included a variety or lot
sizes. Approximately 53% of the lots were 7,UUU square feet or
a, over. The proposed land use was compatiole. of the 13 reply forms
which had been mailed, l was returned in favor, 0 in opposition ano
aj 1 undeclosdo
i. The Council considered adoption of an ordinance
approving planned development zoning and a eetailea plan on 31.5
a =
The following ordinance was presented)
Y NU. 86-236
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX 10 THE CODE OF
ORDINANCES OF T'HN CITY OF DENTON# TEXAS, BY ORDINANCE NO,
69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 31.5 ACRES OF
LAND LOCATED AT THE NORTHWEST CORNER OF AUDRA LANE AND f1
MOCKINGBIRU LANE, AS IS MORE PARTICULARLY DESCRIBED HEREIN$
TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM
AGRICULTURAL 'A' DISTRICT CLASSIFICATION AND USE
bESIGNATION, TO PLANNED DEVELOPMENT 'PDO DI6TRICT I
CLASSIFICATION AND USA DESIGNATION) PROVIDING FOR APPROVAL
OF A DETAILED PLAN FUR SAID DISTRICT) PROVIDING FOR A
PENALTY IN A MAXIMUM AMOUNT OF $10000,00 FUR VIOLATIONS
THEMEOFI AND PROVIDING FUR AN LrIECTIVE DATE,
e i a 111111
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City of Denton city council minutes
Keating of December 9, 1986
Page Pour
McAdams motion, Hopkins second to adopt the ordinance. Un roll cell
S vote, McAdams 'eye,' Alexander 'aye,' Hopkins 'aye,' Alford 'aye,'
Riddlesperger 'aye,' Chew 'aye,' and Mayor,Stephens 'eye.' Motion
carried unanimously.
B. The Council held a public hearing on the petition of
Richard Cushman requesting a change in zoning from the si,.gle family
(SP-7) district to the general retail (GR) district on a 0.913 acre
tract located on the south side of U.S. Highway 380E (University
p Drive) approximately 350 feet east of Ruddell Street. The property
is further described as a tract in the J.D. Lilly SurveyY Abstract
i 767. If the request is approved, the property may be ut~lized for
any purpose permitted in the General Retail district by the City of
Denton Zoning Ordinance. 2-1813
The Mayor opened the public hearing. E
1 Ms. Carolyn Cushman, the petitioner, spoke in favor stating that she
lived on the property adjoining this tract. The tract under
petition was a portion of a larger 19 acres tract which was zoned
single family (SP-7). She and her husband owned the entire parcel
and were paying City and school taxes on the property. They had
purchaseo the tract in 1981 with the intention of msking it their
home. They had, however, been experiencing a problem with people
walking through the property to get to the apartments to the west of
them. She did not feel it was fair to have the property kept at the
present single family zoning classification so it could serve as a
buffer between the apartments on the west end the neighborhood to
the east. The Council Tax Appraisal District had assessed the
property under the commercial category due to the frontage on
University Drive. She further stated that the neighbors on the east
of the property did not want any type of development to occur on the
tract. She and her husband were only asking for general retail
zoning on a very small portion of the total parcel which was located
t next to an existing bowling alley.
Me. Janice Colvins spoke in opposition atstLng that, if approved,
;i the petition would be In violation of the City's intensity policy
fur this area. tour acres of general retail zoning was already in
the area. If this petition were granted it would atyme Single
family development on the remainder of the tract. She concluoeo by
urging the Council to allow the property to remain residential,
Me. Rose Mary Wright spoke in opposition stating that she was trying
I r to protect her homestead and felt that businesses should be located
next to business MS.
Mr. Kelly Brianus spoke in opposition stating that he had lived in
the adjacent neighborhood for Live years and had chosen the site
i because it was peaceful.
S' Ms. Debbie Wright spoke In opposition stating that she had lived in
the adjacent neighborhood for one year. The petition tract fronted
on Highway 3b0 and her primary concerns were the potential increase
in traffic and the precedent which would be set for further
non-residential rezoning.
me. Joe Moore spoke in opposition stating that the property was
currently zoned single family, so why not build homes.
The Mayor closed the public hearing;
The Mayor allowed Me, Cushman five minutes for rebuttal. 4
If
Ms. Carolyn Cushman stated that commercial land urea were already in
place in the neighborhood to the east and then presented a listing
of the uses which included selling of firewood, portable advertising
signs, welding for the public, breeding and selltny of dogw and
diesel truck service.
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City of Denton city council minutes
Meeting of December 9, 1986
Page Five
Mr. Richard Cushman, the petitioner, asked for those persons who
actually resided within 200 feet of the tract to stand.
t
? Denise Spivey, Urban Planner, reported that the tract was located in
S s low intensity area which was over standard based on current zoning
y and land use. The proposal would violate the office/retail policy,
f The strip commercial zoning policy strongly discouraged a
continuation of strip zoning. This petition, if approved, could
establish a commercial strip along Highway 180. There had been 6
reply forms mailed with 2 returned in favor and 0 returned in
opposition.
Council Member Alexander asked how long the property had been zoned
for single family use.
Spivey responded the zoning had been in place for a substentiel
period of time.
Mayor Stephens asked if the zoning was in place since the 1969
coning map.
Spivey responded probably.
Council hembet McAdams stated that a citizens group as well as
professionals had developed the City's land use plan. The council
' was now looking at one smell piece of property but this could set a
precedent for one more, then one more, etc. until cormercial land
uses abutted residential, she would prefer considering a planned
,r development for the entire tract rather than piecemeal.
McAdams motion, Alexander second to deny the petition. 4
Mayor Stephens asked staff if any consideration had been given to a 5
t planned development for the entire patrol.
Spivey responded that staff had discussed this with thr
petitioners. however, they were only interested in this parcel at
this time and not the entire tract. Start felt mediation could be rg'
suh►ered if the entire tract was included.
Council Member Hopkins stated that there was no way the tra.i should
he taxed as commercial property one yet the wuncil not allow it to
develop as commercial.
R Council Member Alexander stated that he wished to stress that when
i an ores was zoned as single family, it took a compelling situation i'
~~1 • ' 9 to override that zoniny. w
Motion to deny carried 6 to 1 with Council Member Chew casting the
'nay' vote.
C6:,aent Agenda
McAdams motion, Alexander second to approve the Consent Agenda as
t presented. Motion carried unanimously,
Consent Agendat
'I ' F•+? ° A. Bids and Purchase Cederat
1. Bid 6 9610 - CIP Utilities bection M (included j
' are Texas Street, Austin Street,
{ Schmita street and Willowwood.) e;y
+ (The Public Utilities Board
' recommends approval.)
r 2. Bid 1 9672 - Retube feedwater heaters
1. bid 1 9611 - U•ility Pole Treatment and
" v Reinforcement
S 1. Bid 1 9675 - Yuwer rescue tool system t
S. aid 1 4676 - Modular computer room E!
J, e
+
i
City of Denton City Council Minutes
Meeting of December 9, 1986
page six
i
z 6. Bid 1 9677 - Pollee sedans
7. Bid 1 9678 - Pickups and one ton chassis
0. Bid 1 9686 - Uniforms for City employees
9. Bid 1 9683 - Liquid ferric sulfate
bo[atories, Inc.
f 10. Purchase order 116529 to Wang
for annual maintenance service in the amount of
~20~8BO.U0
e, Plats and Replatst
1. Con a der approval of preliminary and final rapist and lRo
of the Victoria square Additions Lots lCommi■afon
Block I. (The Planning and toning {
recommends approval.) 4
2, Consider approval of preliminary plat of the
Northwood Gardens Prolessiona, OtEice Park
Z and
Zoning oCommission srecBlock A. (The ommends a pproval,planning
Y 3. Consider approval of preliminary lPlat Planning
skyfeb Addition, Lot 1,
and Zoning commission recommends approval.)
4. Ordinances a'-
A. The council considered adoption of an ordinance
accepting competitive bids and providing for the award of contracts
t o for the purchase of materials, equipment, supplies or services,
The following ordinance was presentede
NO, 66-237
+ AN ORDINANCE ACCEPTING COMPETITIVE HLDS AND AWARDING A
CUt+'PRACT FUR 1NE PURCHASE VI MATERIALS, twulkmtNT, SUPPLItb
I OR 6ERVICESi PNUVLDlNki FUR TitE E%PLNUITURE OF FUNDS
td ~ 1hE8EFVREt AND YNVYIUING FUN AN CF F'E C''l1VE LATE.
"aye,'i Alford
McAdams motion, Alexander "second
Al ender a~'aye,'hhopkinsOrdinance
r1.
Aiddlasperger "eyes" call votes McAdams aye, Chew "aye,• and lleyor Stephens 'aye."
4 Motion carried unanimously.
8. The Council considered adoption of an ordinance
r . . .
accepting competitive bids and providing for the award of contracts ~
r,
for public works or improvements.
The following ordinance was presentede
+ 01
• + fi AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING f0A
+ r + THE AWAAD Of CUNTRACTS FUR PUBLIC WORKS OR IMPROVEMENTBF
PROVIDING FOR THE EXPENDITURE OF FONDS THEREFOAI AND
~5.
PAOVIDINU FOR AN EFFECTIVE DATE.
^r,
~ McAdams motion, Alexander second to adopt the ordinance. On toll
call vote, McAdams 'ayes' Alexander 'aye,' Hopkins 'ayet' ~Alford
chew 'aysp' and Mayor Stephens aye,
"eyes' Aiddlesperger 'ayet'
Motion carried unanimously.
C. 'the Council considered sooptioa of annot
providing for the expenditure of funds for emergency purchases
materials, equipment, supplies or services in accordance With the
provisions of state law exempting such purchases from requitemsnts of
competitive bids.
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City of Denton City Council Minutes
Meeting of December 9, 1986
Page Seven
t
The following ordinance was presentedt
NO. 86-219
AN ORDINANCE PROVIDING FOR TEE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, EUPPLIFS OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS Of COMPETITIVE
BIDS; AND PROVIDING FUR AN EFFECTIVE DATE.
McAdams motion, Alexander second to adopt the ordinance. On roll
call vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,' Alford
'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stephens 'aye.'
Motion carried unanimously.
1 D. The Council considered adoption of an ordinance
authorising the issuance of certificate of Obligation for airport
improvements and all matters incident thereto.
City Manager Lloyd Harrell reported that staff was awaiting further
information from the City's financial advisors on this item.
McAdams motion, Hopkins second to continue this item on December 16,
1966. Motion to continue carried unanimously.
E. The Council considered adoption of an ordinance
amending Chapter 10 of the Code of Ordinances of the City of Denton
Texas, to provide for the adoption of the Uniform Fire Code, 1965
- Editiont providing for amendments theratot repealing certain
provisions of Article III of said chapter relating to the powers and
duties of the firs Marshall repealing the provisions of Article IV of
said chapter relating to liquified petroleum gas; adopting a new
r Article !V entitled 'Alarm Systems', to provide for the installation
a~ of smoke deteCtore in Certain dwelling unites repealing Article IV
f ('Burning of Trash and Nubbish Restricted') or Chapter 12 of the Cuce
of Ordinances and providing for a penalty in the maximum amount of
$I,UUG.UO fur violations thereof.
Rick svehla, Assistant City manager, repotted that a memorandum Iron
i 1 the Fire Marshal was included in the back-up material regarding this
update to the existing fire code. If approved, the amendment would
clarify the existing Coda; further, the code would then coincide with
the Uniform building code,
The following ordinance was presenteds c
NO. a6-e10
AN ORDINANCE AMENDING CHAPTER 10 Of 7HE CODE OF OADINANCCa
OF THE CITY OF DENTON# TEXAS, TO PROVIDE FOR THE ADOPTION OF
THE UNIFORM FIRE CODE, 1985 EDITION; PROVIDING FUR
AMENDMENTS THERETO# REPEALING CERTAIN PROVISIONS OF ARTICLE
III OF SAID CHAPTER RELATING TO THE POWERS AND DUTIES OF THE
FIRE MARSHAL! REPEALING TOE PROVISIONS OF ARTICLE IV Of SAID
CHAPTER RELATING TO L1QUlPIED PETROLEUM CASE ADOPTING A NEW
ARTICLE IV ENTITLED 'ALARM SYSTEMS'r TO PROVIDE FOR THE
INSTALLATION ARTICLE OXIY DETECTORS
('BURNING N OF tRTAIN AND NO RUUNITSI
P6ISH
RESTRICTED') OF CHAPTER 11 Of THE CODE OF ORDINANCCaf {
1
~ PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT Of 1100.00
FOR VIOLATI)tir THEREOFf PROVIDINO FOR A SEVERABILITV CLAUSCf
PEPEALING ALL ORDINANCES IN CONFLICT THCHLWITHI AND
PROVIDI`.U FOP AN EFFECTIVE DATE.
q Hopkins motion, Alford second to adopt the ordinance, On roll call
vote, McAdams '+ye,' ' Alexander 'aye,' Hopkins 'aye,' Alford 'aye,'
Riddlesperger 'aye, Chew 'aye„' and Mayor Stephens 'aye.' motion
carried unanimously,
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City of Denton city council minutes
meeting of December 9, 1986
Page Eight
F. The Council considered adoption of an ordinance
providing for,the number of persons authorised to be employed in each
classified position in the Police Department for the City of Denton,
Texas) and repealing all ordinances and resolutions in conflict
herewith.
City Manager Lloyd Harrell reported that this was a routine item
which would implement decisions made during the budget process.
The following ordinance was presented:
NO. 66-241
AN ORDINANCE PROVIDING FOR THE NUMBER OF PERSONS AUTHORIFED
TO HE EMPLOYED IN EACH CLASSIFIED POSITION IN THE POLICE i
DEPARTMENT FOR THE CITY OF DENTON, T£XASI REPEALING ALL
ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH, AND
DECLARING AN EFFECTIVE DATE. C'
.
McAdams motion, Hopkins second to adopt the ordinance. On toll call
vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,' Alford 'aye,'
Riddleperger 'aye,' Chew 'aye,' and Mayor Stephens 'eye.' Notion
carried unanimously.
G. The Council considered adoption of an ordinance
approving a change in zoning from the office (0) and commercial (C)
districts to the planned development (PDI classification and approval
of a detailed site plan on a 20.550 acre tract located on the south
side of Audra Lane approximately J00 feet west of Loop 266. Z-1813
,
i The following Ordieance was presented:
.
8 NU, b6-242Ms
AN ORDINANCE AMENDING lHE ZONING MAP OF ThE CITY OF DENTOn,
;,j •r`°~ TEXAS, AS bAi4E WAS ADUPI&D AS AN APPENDIX TO 1'hE C(jUE OF
ORDINANCES OF THE CITY OF UENTUN, TEXAS, BY ORDINANCE Nu. tin
"s 3 5/ 59-1, AS AMENDED, AND AS SAID MAP APPLLES 'i0 9.1 AC,ie,D Vk'
LAND LOCATED UN THE SUUTh SIDE OF AUDHA LANE, APPRUXIMA'IELY
300 FEET WEST OF HIGhWAY LOOP 208, AS IS MuHS YANTICULAXIY
a DESCRIbED HEREIN) TU PRUVIDE FUR A ChANGL IN ZUNLNG
CLASSIFICATION FROM OFFICE 00' AND COMMERCIAL 'C' UISTM,SCT
CLASSIFICATION AND USE D£SIUNATION, TO PLANNED DEVELUPMLNT
' L 'PD' DISTRICT CLASSIFICATION AND USE DESIGNATION) PROVIO1iG
FOR APPROVAL OF A DETAILED PLAN FOR 20.5 ACRES OF.LAND AS le
MUAE PAATICULARLY DESCRIBED HEREINI PROVIDING FCR A PENALTY
IN A MAXIMUM AMOUNT OF ;1,000.00 FOR VIOLATIONS THERE0f7 At.r
PPOVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Hopkins second to adopt the ordinance. On roll call
vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,' Alford 'aye
° Riddlesperger 'aye,' Chew 'aye,' and Mayor Stephens 'aye.' Motion
carried unanimously. f
H. The Council considered adoption of an ordinance
abandoning an unused portion of Mills Road and Price Road located
east of Trinity Road and being part of the M. forrest Survey,
X^ Abstract No, 417. i
Y r Ar The following ordinance was presenteds
NO. 86-243
AN ORDINANCE ABANDONING AND VACATINU CERTAIN PUBLIC SIRLET'S`
AS DESCAIBEO NEAEINI AND DECLARING AN EFFECTIVE DATC. 1•,`
it
McAdams motion, Hopkins second to adopt the ordinance. Un toll call
vote McAdams 'aye,' Alexander 'ayes' Hopkins 'ayes' Alford 'ayes'
Riddisspargar 'aye,' Chew 'eye,' and Mayor Stephens 'eye.' Motion
Carriel unanimously.
E
City of Denton City Council Minutes
Meeting of December 90 1986
Page Nine
1. The Council considered adoption of an ordinance
abandoning a drsinage easement between Lots 16 and 17, Block E,
Northwood Estates Addition.
The following ordinance was presenteda
t NO. 66-244
AN ORDINANCE ABANDONING AND VACATING A CERTAIN DRAINAGE
EASEMENT AS DESCRIBED HEREINr AND DECLARING AN EFFECTIVE
{
DATE.
McAdams motion, Alford second to adopt the ordinance. On roll call
vote McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,' Alford 'aye,'
Riddiesperger sayer' Chew 'aye,' and mayor Stephens 'aye.• Motion
carried unanimously.
J. The Council considered adoption of an ordinance
abandoning and vacating certain utility easements located within Lot
it Block 40 Southridge East.
Bob Nelson, Director of Utilities, reported that this easement had
been accepted with the property was first plattedr however, it was no
longer needed. It was currently a 16 feet easement with only low
n; voltage secondary lines and the City only needed a 10 feet easement.
The following ordinance was presentedi
is N0. 86-245
'A AN URDINANCE ABANDONING AND VACATING A CERTAIN UTILITY
EASEMENT AS UESCNIHEU HENEINI AND DECLARING AN EFFECTIVE
``s y DATE. _
t
z r Hopkins motion, McAdams Second to adopt the ordinance. on toll call
vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,• Alford 'aye,'
s ¢ Riddlesperger 'aye,' chew •aye,' and Mayor Stephens 'eye.' Motion r.;
carried unanimously.
h. The Council considered adoption of an ordinance
abandoning and vacating certain utility easements located next to the
Paige eectrlc substation.
Bob Nelson, Director of Utilities, reported that this was a 'trade
' out' easement. Staff had worked with the owner to locate the '
easement in another direction.
AThe following ordinance was presentedi
{ v" Nu. 86-246
AN ORDINANCE ABANDUNING AND VACATING A CERTAII. UTILITY
t a EASEkEN1' AS DESCRIBED hEREINr AND DECLARING AN tFFHCTIVE
DATE.
McAdams motion, HapkiM1S second to adopt the ordinance. On roll cell
vote, McAdams 'aye,' Alexander 'aye, Hopkins says,' Alford says,'
' Riddlespetger 'aye,* Chew 'eye,' and Mayor Stephens •aye,$ Motion
carried unanimously,
V + L. The Council considered adoption cf an ordinance
rc` abandoning and vacating certain utility easements located within the
Gazebo Apartment complex.
' Bob Nelson, Director of Utilities, reported that the City had taken
easements in this area which were now not needed. The owner of the
s Gazebo Apartments needed the easement to obtain a clear title on the
property for sale.
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City of Denton City Council Minutes
z Meeting of December 9, 1906
• Page Ten
i
The following ordinance was preeentedi
t
NO. 85-747
AN ORDINANCE ABANDONING AND VACATING A CERTAIN UTILITY
j EASEMENT AS DESCRIBEL HEREINI AND DECLARING AN EFFECTIVE
DATE.
McAdams motion, Hopkins second to adopt the ordinance. Un toll call
vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,' Alford 'aye,'
Riddlesperger 'aye,' Chew 'aye,' and mayor Stephens 'eye.' Motion
carried unanimously.
5. Resolutions {
k A. The Council considered approval of a resolution
affirming support by the City Council for the Services Program for
Aging Needs (SPAN) application to the United States Department of
Highways and Public Transportation for assistance for transit.
No. Roberta Donsbach, Director of SPAN, reported that her
n organization had begun looking at this program over ■ year ago. If
the application were approved by the United States Department of
Highways and Public Transportation, it would provide approximately
804 of the funding to Allow SPAN to serve local citizens under 6U
years of age. Denton would be the first city to apply and receive
Section 18 grant money.
The following resolution was presentedi
R L S 0 L U T I U N
WHERE'A5, the Denton city council was instrumental in
bringing services Program for Aging Needs (SPAN) into being in r.
"y February, 19741 in an effort to meet the acute transportation neeae
of elderly citizens of the City of Dentonl and
WHEREAS, the Denton City Council, through the years, has
i participated actively in shaping the scope of Servicea Program tur
ti "y Aging I+eeds (SPAN) services to citizens of Dentonl and
WHEREAS, after careful consideration, the SPAN Boars of
Directors has submitted an application to extend its services to
enable persons of all ages to ride on established SPAN routes
^ throughout Denton County, through section 18 of the United States
s .4'. Department of Highways and Public Transportation) NOW, THEREFORE,
y r, BE IT RESOLVED BY THE COUNCIL OF THE CITY Of DENTONS
r ,
' a SECTION 1.
That the Denton City Council hereby affirms its support of
' Services Program for Aging Needs (SPAN) application for Section 18
assistance. }I
SECTION It, That this resolution shall be effective immediately after
fs its passage and approval.
t PASSED AND APPROVED this the 9th day of Deoember, 1986,
RAY STEPHENS, MAYOR
t CITY OF DLNTON, TEXAS
ATTEST]
M
CHARL TE LLINt CITY SECRETARY
CITY OF DENTON, TEXAS
i I
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' ' r m.a_ a .u ° _,.I:n . 5.u. Pn« 4®✓ b~. as .r.v .-.._.mw',FM
f
A
City of Denton City Council Minutes
Meeting of December 9, 1986
{p Page Eleven
t
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
I
Hopkins motion, Chew second that t'le resolution be approved. Un toll
call vote, McAdams 'aye,' AleXa,,der 'aye,' Hopkins 'aye,' Alford
'aye,' Riddlesperget 'aye,' Chew 'aye,' and Mayor Stephens 'aye.'
Motion carried unanimously.
B. The Council considered approval or a rerolntion
authorizing the City of Denton to apply to the Texas Rental
Rehabilitation Program Fund for federal funds for rehabilitation of
privately owned rental property. j
4 {
Barbara Rose, CDBG Coordinator, reported that this was an annual
application for $100,000 in funds to continue this program.
F The following resolution was presentedi
R E S U L U T I 0 N
WHEREAS, it is necessary for the Council of the City of
Denton to authorize the submission of an application to the Texas
Rental Rehabilitation Program Fund for federal fundsr and
WHEREAS, the City of Denton is eligible to receive such
,40 Y funds and desires to apply for federal funds administered by the
Texas Rental Rehabilitation Program Fund: and
WHEREAS, the City of Denton, as an entitlement City, has
j i prepared a program for utilizing its share of the fund for
It rehabilitation of privately owned rental property to be used
151' C primarily for residential rental purposes in the amount of III
U,0001
and
WHEREAS, the City of uenton desires these funds to support
1 , the rehabilitation of privately owned rental property! NUW THERLFURE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DtNTON:
5 SECTION 1,
That the City Council of the City of Denton, Texas
i authorizes the City Manager to sign and submit to the Texas Rental
o- Rehabilitation Program Fund a grant application and appropriate
assurances for entitlement funds under the Housing and Community
1 ,
Development Act of 1944, as amended,
t SECTION It.
a
1 That the City Council of the City of Denton, Texas
authorises the City manager to handle all fiscal and administrative
matters .elated to the application and the assurance$ requites
therefora.
SECTION III. F
That the City Secretary is hereby directed to forward a
certified copy of this Rdeolution to the Department of Housing and
Urban Development.
PASSED AND APPROVED this the 9th day of December, 1986.
1 of ( S',
A BT HE S, MAYOR
CITY Of DENTON$ TEXAS
i
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f5'.
p
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t
City of Denton city council minutes
Meeting of December 9, 1984
} Page Twelve
ATTESTt
f
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMS
DEBRA ADAMf DRAYOVITCd, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
Chew motion, McAdams second that the resolution be approved. On roll
call vote, McAdams 'Aye,' Alexander 'aye,' Hopkins 'ay*,' Alford
'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stephens 'aye.'
Motion carried unanimously. {
C. The Council considered approval of a resolution j
approving an agreement between the City of Len ton and the uenton
Independent School District regarding the use of common polling
places for elections.
Mayor Stephens left the meeting.
City Manage[ Lloyd Harrell reported that staff felt this agreement
would be of great assistance to city voters in the spring, During
the first year, each entity would handle the oetails of their own
election but would share polling locations, Excellent cooperation
t had been exhibited between the City and the school district.
° Council Member Chew stated he felt this was a step forwara for both
;e entities.
Council Member Alexander extended thanks to the City Secretary for
,t t'her part in working out the terms of the agreement.
Mayo[ Stephens joined the meeting.
The following resolution was presentedi
i.~ RESULUT 10N
WHEREAS, Chapter 271 of the texas tlectlon Loco authorizes
political subdivisions to conduct joint electionst ano$
WHEREAS, the board of Trustees tt the Denton Independent
s `a :f School District hsve requested the City Council of the City of Denton
to conduct its tegulsr election to oe held April 4, 1907, jointly
;E with the School Distri:t elections and,
t
' WHEREAS, the city Council, having given due deliberation to ,
S the proposal for a joint election, is of the opinion that designating
common polling places for the April 40 1987 election could adequately
and conveniently serve the voters of the City of Denton and
facilitate the orderly conduct of such elsctionas NOW, THEREFORE,
BE IT AESULVED BY THE COUNCIL OF THE CITY OF DENTON# TEXASI
, SECTION 1,
i
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- That the Mayor is hereby Authorised to exlcute an agreement
w between the City and the Denton Independent School District providing
for joint polling places in the 1907 regular municipal election, a
! referenclaheieingrlemene being attached hereto and incorporated by
t
,
i City of Denton city council minutes
Meeting of December 9, 1986
Page Thirteen
7
SECTION 11.
That this resolution shall take effect and be in full force
immediately upon its passage and approval.
! RAY STEPHENS, MAYOR
v CITY OF DENTON, TEXAS
ATTEST,
- CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS !
` APPROVED AS TO LEGAL FORM,
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BYt
Alexander mution, McAdams second that the resolution be approved. On
roll call vote, McAdams 'aye,' Alexandet 'aye,' Hopkins 'aye,' Alford
'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stephens 'aye,'
Motion carried unanimously.
The Council then considered the agenda aduendum item.
z
1. The Council received an appearance by Mr. Louis Smith
requesting city Council endorsement for a celebrity golf tournament r
fund, raiser.
r,s k- Mr. Louis Smith, General Sales Manager for Friendly Chevrolet, stated
that the proposed tournament would bring high visibility to Denton
and would laat four days, tt was hoped that the golL tournament
would net approximately ;100,000 for local Denton charities.
?r Council Member Hopkins asked how it would be determined whicn
z + charities would receive funds.
4 Smith responded his people would work with the local Chamber of
Commerce.
}
Chew motion, Hopkins second to encourage the holding or the
tournament and wished them well, Motion carried unanimously.
The Council then returned to the regular agenda otder. °
i 6. The Council considered appointments to the flow Regional
Medical Center Boars of AdVisors.
Riddlespasger (representative of thi blue Ribbon Committee) motion,
Alexander second to accept the presented list of appointees, City Q
selections were as follower
r
Physicians$
S sk'f Bob Croissant
r Don Holt
Ken Ford
IIV ~ . tt •
Business Leaders
ti• w. C. urr
Torn H4rpool
Sennett Kirk c,
6 ~n
l9( J
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F
rrrt.x
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City of Denton City Council Minutes
Meeting of December 9, 1966
Page Fourteen
4 Educators
6 Dr. Shirley Chater
consumer Representatives
Jack Scott
j Alma Jean Washington
Harold Perry
Community Leaders:
Mary Williams
Stanley Monroe
Robert LaPorte
Roger Dunham
i
Council Member McAdams stated that the list did not include a person
which she wished to name to the board.
The Council recessed into the Executive session to discuss personnel/
board appointmeht s.
The Council reconvened into the regular meeting.
Council Member McAdams stated Ghat she wished to submit the name of
Alton Donabach and remove the name of Roger Dunham.
Council Member Alexander stated that this was agreeable to the second.
rt
J j
Council Member chew stated that he was still not satisfied with the
names.
y' Debra DrayoVitch, City Attorney, states that had been handled ne a
main motion.
Motion to approve the names with the one substitution carried
f•r, unanimously.
.'C
7. ','he council then received a report on miscellaneous matters
from the City Manager.
` City Manager Lloyd Merrell reminded the Council of the North Central.
Texas Council of GOYeinments' le0slative dinner to be held on
Pe Nmber 11.
+ Furthet, the regular meeting of the City Council to be held on
December 16 would begin at 6100 p.m, rap.her than 7M P.m,
~
A
The Council considered appointments to the Flow Memorial
B,
Hospital Board of Directors.
° Council Member Riddlespeeger stated that this item should bo passed 4•
5 p a
in the agenda order. The new board shoulu be appointed to rheas
positions.
r No action was taken.
New Business
No items of new business were suggested by Council Members for tuture
aq¢ndss.
10, There was no official action on Executive Session items of
l,. legal matters, real estate, personnel and/or board appointments.
I
ll. The Council hale a discussion of status of transfer/lasse of
flow Memorial Hospital. f
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City of Denton city council minutes
fleeting of December 9, 1995
Page Fifteen
This item was taken under the Executive session.
12. The Council reconvened into the Executive session to discuss
legal matters, real estate,
official action was taken. and personnel/board appointments. No
.
With no further items of business, the meeting was adjourned.
MAYOR PRO TEN JOE ALFORD
.i
CHARLOTTE AL EN, CITY SECRET
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i821L
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RESOLUTION NO.
A kESOLUTION APPROVING THE CREATION OF A "RISK MANAGEMENT FUND"
BY A BOND RESOLUTION TO BE ADOPTED BY THE TEXAS MUNICIPAL POWER
AGENCY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Resolution 87-4-28 the Board of Directors of
the Texas Municipal Power Agency has requested that the Cities
of Bryan, Denton, Garland and Greenville, Texas consider tae
approval of the creation and establishment of an additional
Fund to be known as the "Risk Management Fund" prior to the k
Issuance of Bonds to fund, in part, the propsoed self insurance ffff
fund;
WHEREAS, the request for such approval is contemplated by
the Power Sales Contracts by and between the Agency and said
cities and the said Fund has also been contemplated by the
resolutions authorizing the issuance of Bonds by the Agency;
WHEREAS, it appears that economies may be effected and/or
insurance obtained through such self insurance program; now
therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS:
7`1
SECTION I.
The creation of an additional Fund (in addition to those
established by Article V of the resolution authorizing the
issuance of the Texas Municipal Power Agency Revenue Bonds, '
Series 1976), to be known as the "Risk Management Fund," for
the purpose of providing a self insurance fund is hereby
u~ approved by and on benalf of this City.
SECTION II.
This approval of the creation of such Fund for the
aforesaid purpose shall be effective upon approval being given
e by the governing bodies of the Cities of Byran, Denton,
Garland, and Greenville, all as contemplated and provided by
the Power Sales Contracts by and between such Cities and Texas
Municipal Power Agency.
SECTION III.
That this resolution shall become effective Immediately
upon its passage and approval.
k
i
6a of , 1987.
PASSED AND APP1tOV8D this day _
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of TEPHE S, MA 0
CITY OF DENTON, TEXAS
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ATTEST:
r ti r 7.
A {r s Y S~
,~~`p ¢ r 3ENNIFER WALTl;RS, CITY SEGRE AR `
CITY OF DENTON, TEXAS
?~'r APPROVED AS TO LEGAL FONM:
yf I)EBRA A. URAYOVCTCH, CITY ATTORNEY +
Lr CITY OF DENTON, TEXAS
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DATE: 05/12/87
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT; Public hearing concerning proposed annexation of approximately 69.1694 i
acres being part of the S. Venter Survey, Abstract No. 1315; C. Chacon
Survey, Abstract No. 298; J. Baker Survey, Abstract No. 47; J. Dickson
Survey, Abstract No. 3421 and the A. Cannon Survey, Abstract No. 232,
t and located adjacent and south of FM 2181 and east of Old Alton Road.
(A-48)
RECOMMENDATION:
A Planning and Zoning Commission recommendation will be forwarded
after consideration tentatively scheduled for May 13, 1987.
r' ~ v • i
SUMMARY:
The City Council requested in October, 1986 that staff prepare docu-
ments for annexation of property along PM 2181. The request came in
conjunction with the submittal of a plat for Skyfab Addition. Since i'
the property is in the extraterritorial jurisdiction, information was
submitted to the City Council to consider annexation of the property.
~5 Skyfab Addition was approved in December, 1986 so that an aluminum
fabrication and assembly plant could be constructed. The City of
Denton granted a variance of fire flow requirementa of the subdivision
< M1 and Land Development Regulations in order to allow development of the
property. In addition, the development of commercial buildings and x'
placement of mobile homes on tracts in this area have become a common
occurrence in the last couple of years. Land use patterns along PM 2181
south of Hickory Creek Road have reached the point where annexation may
be necessary to prevent unsightly commmerical stripping of the thorough-
fare, The Beautification Task force has recommended that FM 2181 be
' identified as a major entranceway to the City of Denton.
x
BACKGROUND:
The existing city limits is located on FM 2181 approximately 2,500 feet
north of the Skyfab Addition. The proposed annexation includes a $00 foot
' strip along FM 2181 that will connect the city limits to the boundary be- 1
tween Corinth and Denton. Five hundred (500) feet is the minimum width
allowed by state legislation for an annexation. The annexation could
be tied to the strip annexation to the east without the connection to
the north and west but a gap would still exist between the city limits
boundaries,
.
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CC Format Sheet - A-48
May 12r 1987
Page 2
i
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: '
All departments or divisions responsible for providing basic city
services and property owners included in the annexation. Courtesy
notices were mailed to fifteen 115) property owners, '
I
,A
FISCAL IMPACT•
The impact has not been determined at this time. :.i
ReaFie lly submi t
F
Lloy V. Havre 1 4
City Manager f;
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Preepared/ .by::_ J
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+ Cecile Carson
xp Urban Planner ;
i Ap V t:
Jeff 10
ExecutiveDirLctor r
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A - 8
NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT:
The City of Denton, Texas, proposes to institute annexation Q
proceedings to alter the boundary limits of said City to add the
territory described in Exhibit "A", attached hereto and
incorporated by reference herein, to the corporate limits of the
City of Denton.
A Public Hearing will be held by a~~before the y Council
of the City of Denton, Texas, on the day of ,
' 19870 at 7:00 o'clock P. M. in the C tiii y ouncil Chamber o the
Municipal Building of the City of Denton, Texas, for all persons
interested in the above proposed annexation. At said time and
place all such persons shall have the right to appear and be
heard. Of all said matters and things, all persons interested
f in the things and matters herein mentioned, will take notice.
£ A Public Hearing will be held by d b fore the C Council
of the City of Denton, Texas, on thel day of
1987, at 7:00 o'clock P. M. in the City Council C am ers the
Municipal Building of the City of Denton, Texas, for all •ersons
interested in the above proposed annexation. At said time and
w place all such persons shall have the right to appear and be
heard. Of all said matters and things, all persons interested
~ in the things and matters herein mentioned, will take notice,
`i
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x ~ y R , 1AYOR
CITY DENTO TEXAS
ATTEST:
Jg,
JE TER
N.
C Y SECRETARY
' S r ,c
A•48
0415E/26
A-48
a
ALL that certain lots tract or parcel of land tying and being situated in the City and County of Denton,
State of Texas, and being part of the S. Venter Survey, Abst. No. 1315, C. Chacon Survey, Abst. No. 298,
r J. Baker Survey, Abst. No. 47, J. Dickson Survey, Abst. No. 342, and the A. Cannon Survey, Abst. No. 232
and more particularly described as follows:
j BEGINNING at a point in the present city limits, said point lying in the hest boundary line of the tract
li described in Ordinance No. bS43, Tract 111, said point also being the southeast corner of a tract
described in Ordinance No. 85-238, said point lying $0.0 feet East of and perpendicular to the centerline
of F.M. 2181;
THENCE Southerly 50.0 feet East of and parallel to the centerline of said F.N. 2181, along the East
right-of-way line of said F.M. 2161, sane being the present city limits the following three (3) courses
and distances; (1) South 46' East, passing at 689.95 feet, the South boundary line of said C. Chacon
Survey, same being the North boundary line of said J. Baker Survey, continuing for a total distance of
1,452.55 feet to the beginning of a curve to the left, having a radius of 2,615.79 feet, a central angle
of 4' 631, a chord bearing and length of South 30 12' 30' East, 239.92 feet; (2) Southerly along said
curve to the left, 239.99 feet; (3) South S• 39' East, 222.39 feet to point for a corner, said point being
the so,ithwest corner of the tract described in Ordinance No. 65-43, Tract 111;
THENCE North 840 21' East, along the South boundary line of the tract described in Ordinance No. 55-43,
Tract 11., same being the present city limits, a distance of 5.0 feet to a point for corner, said point
lying 55.0 feet East of and perpendicular to the centerline of said F.M. 2181, said point also being the
southeast corner of the tract described in Ordinance No. 65-43, Tract III;
THENCE Northerly 5$.0 feet East of and parallel to the centerline of said F.M. 2181, same being the j
present city limits the following three (3) courses and distances; 11) North S• 39' West, 222.39 feel to i
the beginning of a curve to the right, having a radius of 2,810,79 feet, a central angle of 4' 631, and e
chord bearing and length of North 34 12' 30" West, 239.49 feet; (2) Northerly along said curve to the
right, 239.57 feet; (3) North 00 46' West, passing at 762.6 feet the north boundary line of the J. Baker
Survey, same being the south boundary line of the C. Chacon Survey, and continuing for a total distance of
s t ~
1,452.55 feet to a point for corner;
"i THENCE North 898 14' East, a distance of 195.0 feet to a point for corner, said point lying 250.0 feet '
East of and perpendicular to the centerline of said F.M. 2181;
THENCE Southeasterly 250.0 feet East of and parallel to the centerline of said F.M. 2181 the following six
(6) courses and distances; 11) South 04 46' East, passing at 689.95 feet the South boundary line of the C.
{ Chacon Survey, sane being the North boundary tine of the J. Baker Survey, and continuing for a total
distance of 1,452.55 feet to the beginning of a curve to the left, having a radius of 2,61b.79 feet, a
central angle of 4' 53', a chord bearing and length of South 30 12' East, 222.88 feet; (2) Southeasterly
along said curve to the left, 222.94 feet; (3) South 5' 39' East, 896.26 feet, a central angle of 85' 06',
a chord bearing and length of South 4b• 12' East, 1,212.16 feet; (4) Southerly along said curve, 1,702.1
feet; 19) North 89' 15' East, for corner, said point tying in the present city limits as established by
Ordinance No. 18-28, said point also lying 10.0 feet west of and perpendicular to the Denton-Corinth
common jurisdiction line, and the east boundary line of the J. Baker Survey;
II~
THENCE South 10 30' West 10.0 feet west of and parallel to the Denton-Corinth common jurisdiction line, E
same being the present city limits, passing at 185.0 feet the North right-of-way ](no of said F.M. 2181,
r
and continuing fora total _
distance of 250.16 feet to a point for corner, said point being the centerilne
1 of said F.M. 2181, same being the south boundary line of J. Baker Survey, and the North boundary line of
said A. Cannon Survey;
.i
s
THENCE South 10.0 feet West of and parallel to the Denton-Corinth coamon jurisdiction line, same being the
present city limits, passing at MO feet the South right-of-way line of said F.M. 2181, and continuing
for a total distance of 250.0 feet to a point for corner, said point lying 10.0 feet west of and
perpendicular to the Denton-Cortnth comaon jurisdiction lint, and the East boundary line of the A. Cannon
Survey;
THENCE Westerly 250.0 feet South of and parallel to the centerline of said F.M. 2181, same being the North
boundary line of the A. Conn-in Survey the following two (2) courses and distances; III South 890 25' West,
1,117. 75 feetr ' 121 South 89' 15' West, 117.95 feet to a point for corner, sold point lying in the East
boundary line of the Skyfab Addition, and addition to the County of Denton, State of Texas, and filed in
the Plat Records of Denton County, Texas, same being the West boundary line of the Jaymar Addition;
THENCE South 09 15' 11" Vest (South 0' 23' 19' East according to plat) along the East boundary line of
said Skyfab Addition, same being the West boundary line of the Jaymar Addition, a distance of 1,256.46
feet to a point for corner, said poict being the Southeast corner of sold Skyfab Addition, am being the
Sout we it corner of the JaYmar Addition;
h
THENCE South 88' 49' 2S' West (South 89• D4' 55' West according to plat) along the South boundary line of
sold Skyfab Addition, a distance of 339.37 feet to the South corner of said Skyfab Addition;
THENCE North 00 16' 11" East (North 04' 23' 19" West according to plat) along the Westerly West boundary
1 k
line of said Skyfab Addition, a distance of 429.58 feet to the Southerly Northwest corner of said 5yfab
Addition;
s THENCE North 880 46' 36" East (North 84' 07' 06" East according to plat) along the Southerly Worth
boundary line of said Skyfab Addition, a distance of 169.49 feet to an inner ell corner of said Skyfab
Addition;
THENCE Worth 06 16' 11" East (North 040 23' 19" West according to plat) along the West boundary line of
said Skyfab Addition, a distance of 828.10 feet to a point for corner, said point lying 250.0 feet Soutn
of and perpendicular to the centerline of said F.M. 2181;
ii THENCE South 890 15' West 250.0 feet south of and parallel to the centerline of said F.M. 2181, same being
the north boundary line of said A. Cannon Survey, a distance of 59.17 feet to the beginning of a curve to
the right, having a radius of 1,396.26 feet, a central angle of 85' 06", and a chord bearing and length of
North 46" 12' West, 1,888.40 feet;
r.'ffr THENCE Northwesterly 250.0 feet Southwest of and parallel to the centerline of said F.M. 2181 the
following four (4) courses and distances; (1) Northwesterly along said curve to the right, passing the
North boundary line of the A. Cannon Survey, same being the South boundary line of the J. Baker Survey, 3
y passing the West boundary line of the J. Baker Survey, same being the list boundary line of the J. Dickson
Survey, 2,073.64 feet, (2) North 69 39' West, 603.3 feet to the beginning of a curve to the right, having
a radius of 3,115.79 feet, a central angle of 40 53', a chord bearing and length of North 30 12' 30' West,
265.48 feet; (3) Northwesterly along said curve to the right, 265.56 feet; (41 North 4' 46' West, passing
at 854.5 feat the Worth boundary line of said J. Dickson Survey, same being the South boundary line of
$ said S. Venter Survey, and continuing for a total distance of 1,452.55 feet to a point for corner, said
point lying in the present city limits as established by Ordinance No. 85-238;
THENCE North 89' 14' East along the present city limits, passing at 200.0 feet the West right-of-way line
of said F.M. 2181, passing at 250.0 feet the centerline of said road, and continuing a total distance of
300,0 feet to the POINT OF BEGINNING and containing 69.1694 acres of land.
, * ~ j • rv,
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T
PLAN OF SERVICE FOR ANNEXED AREA CITY OF DENTON, TEXAS
9
WHEREAS, Article 970a as amended requires that a plan of service
be adopteo by the governing body of a city prior to passage of an ordinance 4
annexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
111 Section 1. Pursuant to the provisions of Article 970a as
amended, Texas Code Annotated, there i hereby adopted for the proposed
annexation area the following plan of service:
I. Basic Service Plan
A. Police
(1) Patrolling, radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effective
date of annexation;
y (2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic standards.
t " B. Fire
1 ' Ti
(1) Fire protection by the present personnel and equip-
meat of the fire fighting force, will be provided A;^
i
on the effective date of annexation.
C. Water
(1) Water for domestic, commercial and industrial use
will be provided at city rates, from existing city
" lines on the effective date of annexation, and
"f
~ r..~ thereafter from new lines as extended in accordance
Y with article 4,09 of appendix A of the code of the
City of Denton, Texas,
D. Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 4.09 of
L: 7
'w appendix A of the code of the City of Denton, 'texas.
E. Refuse Collection
(1) The same regular refuse collection service now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation.
Service Plan
Annexed Areas
Page two
w
F. Streets
(1) Emergency maintenance of streets (repair of hazardous
chuckholes, measures necessary for traffic flow, etc.)
will begin on the effective date of annexation,
(2) Routine maintenance on the same basis as in the
present city, will begin in the annexed area on
I the effective date of annexation. i
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city. y
G. Inspection Services
(1) Any inspection services now provided by the city
r (building, electrical, plumbing, gas, housing,
sanitation, etc.) will begin in the annexation area
'1 + on the effective date of annexation.
H. Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
f will extend to the annexed area on the effective
kt el date of annexation, City planning will thereafter '
"s encompass the annexed area.
Lt 1,* ~r i !
A
+ I. Street Lighting .z
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city.
J. Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, parks, etc., on the effec-
`'tl6 tive date of annexation. The same standards and
R policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city.
1
K. Electric Distribution
~s
(1) The city recommends the use of City of Denton for
electric power.
E+
e
Service Plan
Annexed Areas
Page three
{1
L. Miscellaneous
(1) Street name signs where needed will be installed
within approximately 6 months after the effective
date of annexation.
II. Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan that is up-
dated yearly. The Plan is prioritized by such policy guide-
lines as:
:r• (1) Demand for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
natural or technical restraints or opportunities. ,a
` (2) Impact on the balanced growth policy of the city.
fM (3) Impact on overall city economics.
The annexed area will be considered for CIP planning in the °.w.
r ;F' y upcoming CIP plan, which will be no longer than one year from
the date of annexation. In this new CIP planning year the
.n annexation area will be judged accordingly to the same
established criteria as all other areas of the city.
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AUNSXAT[ON SCHOULK
A-48
April 13, 1987 Submit City Council agenda item
April 15, 1987 Submit City Council agenda back-up
April 21, 1987 City Council sets date, time and place
for public hearing
April 22, 1987 Notice to Denton Record Chronicle for
first public hearing 4
t/ April 249 1987 Publish notice and mahout for first
public hearing
/April 270 1987 Submit City Council agenda item Y
Submit City Council agenda back-up
✓ April 29, 1987
j/ April 29, 1487 Notice to Denton Record Chronicle for
second public hearing
may 1, 1987 Publish notice and mail out for second
public hearing
y'' ✓ May 4, 1987 Submit City Council agenda item
1987 City Council holds first public hearing
r ✓ May 5, at regular meeting
, C`44 r r•
* « Council agenda back-up
Submit City
May 6, 1987
Nay 12, 1987 City Council holds second public
hearing at special called meeting
May 130 1987 Planning and Zoning Commission makes
recommendation ;
r1
Submit City Council agenda item
yl r r ` r May 250 1981 .
}icy 27, 198? Submit City Council agenda back-up
,.K ~
June 21 1987 City council institil.es annexation
t proceedi:gs at regular meeting i
Ordinance to Denton Record Chronicle
June 3, 1987
7y ors I 1
i
r,$ 1 „ June 5, 1987 Publish ordinance
Submit City Council agenda item
June 29, 1987
Submit City Council agenda back-up z`
July 1, 1987
?I
Final action by City Council at regular '
M July is 1987
steting
IFYYT r~ t~p rl. Y ,j.,
` s Denotes action by the City Council E`
0964g
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1821E
f
RESOLUTION NO.
is
A RESOLUTION APPROVING THE CREATION OF A "RISK MANAGEMENT FUND"
BY A BUND RESOLUTION TO BE ADOPTED BY TAE TEXAS MUNICIPAL POWER
AGENCY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Resolution 87-4-2B the Board of Directors of
the Texas Municipal Power Agency has requested that the Cities
of Bryan, Denton, Garland and Greenville, Texas consider the
approval of the creation and establishment of an additional
Fund to be known as the "Risk Management Fund" prior to the
issuance of Bonds to fund, in part, the propsoed self insurance
fund;
WHEREAS, the request for such approval is contemplated by
the Power Sales Contracts by and between the Agency and said
Cities and the said Fund has also been contemplated by the
resolutions authorizing the issuance of Bonds by the Agency;
WHEREAS, it appears that economies may be effected and/or
insurance obtained through such self insurance program; now
therefore
.3
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS:
y~
th SECTION I.
r
The creation of an additional Fund (in addition to those
established by Article V of the resolution authorizing the
issuance of the Texas Municipal Power Agency Revenue Bonds,
~n Series 1976), to be known as the "Risk Management Fund," for
the purpose of providing a self insurance fund is hereby
approved by and on behalf of this City.
SECTION 11.
a This approval of the creation of such Fund for the
aforesaid purpose shall be effective upon approval being given e
by the governing bodies of the Cities of Byyan, Denton,
1.~. Garland, and Greenville, all as contemplated and provided by
the Power Sales Contracts by and between such Cities and Texas
' Municipal Power Agency.
A ti r
. SECTION I11.
That this resolution shall become effective immediately
f
upon its passage and approval.
s r 111
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PASSED AND APPROVED this day of , 1487.
} I Y
K i r
I J
RAY STEPHE , RA
CITY OF D£NTON, TEXAS
I 1 1
1~ I
[TY i,h
1 t it H ~
Aj ATTEST:
v
i
JFNNiFER HALTERS CITY SECRETARY
CITY OF CENTON, TEXAS
} T . Irw APPROVED AS TO LEGAL FORM; 1
DEBRA A. DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
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14
.
Y
DATE:05/12/87
t: CITY COUNCIL REPORT FORMAT
y
TO; Mayor and Members of the City Council
FROM, Lloyd Y. Harrell, City Manager ce concerning
SUBJECT: Hold a public hearing and consider adoption of ordian A, Subdivision
proposed amendment of Article 3.07, section he APPendil
and Land Development Regulations, relating to development contract re- vt
quirements for public improvements prior to issuance of a certificate
of occupancy.
4
1
b RECOM_ MEND ION:
Di
The planning and zoning Commission recommended approval at its meeting
of May 6r 1987 by a vote SUMMARY:
M svisi and The above referenced section of the
development
ty . x
Regulations currently requires ublic improvements are needed for
+ contract and a bond or escrow when p
development or re-development. The proposed revision would allow one
~1.+y lot subdividers/developers to sign an agreement that would not permit
are in an
Ilxx'i ,
occupancy unless all public improvements aSmplifylthe developmentd• % Staff Eeela that this revision will help
sand still provide the City with the protection it needss
process
~ ih f
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
t' City of Denton: one lot developers and subdividers.
t a y
(A S8 PISCACT:
Undetermined
Respec lly submitted:
u
q 1 'tr . B e
d 5,r !
r Cit nnagec
r Pr pare by:
David Ellison
's'! Assistant to the city manager
~oov
sSy l '~f ~ I 7 4 .K
App Ve `
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Jeff Me
"s Executive Director
for Planning and Development
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AN ORDINANCE AMENDING ARTICLE 3.07 (A) OF APPENDIX A OF THE CODE
OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR THE
EXCLUSION OF ONE LOT DEVELOPMENTS FROM THE REQUIREMENT OF
PROVIDING PERFORMANCE AND PAYMENT BONDS FOR THE REQUIRED PUBLIC
IMPROVEMENTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$200.00 FOR VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Denton Development Code requires all persons
requesting building permits prior to the completion and
acceptance of any required public improvements constructed for
the development, to post surety bonds or to escrow funds to
insure completion of the public improvements; and,
WHEREAS, the Uenton Development Code requires all
developments constructing public improvements of a value of more
n than $30,000, to post a payment bond to insure the payment of
U all persons providing work or materials for those improvements;
and,
WHEREAS, the primary purpose of those security requirements
is to insure that developers selling or leasing lots or
buildings within the development complete the required public
improvements that will be needed to serve those persons
purchasing or leasing lots or buildings in the development; and,
WHEREAS, there is no compelling need to impose similar
security requirements on a plat of a one lot development which
F.; is not to be subdivided for lease or sale; NOW, THEREFORE,
* >y THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
;i SECTION I.
That Article 3.07 (A)(4)(e) of Chapter I or Article III of
Appendix A of the Code of Ordinances is amended to read as
follows:
(e) Performance Bonds; Escrow Agreement. That if building
>~~x permits are to be issued for the development prior to
IgM1.,• completion and acceptance of all improvements that are
to be dedicated to the ublic he following security
requirements shall apply, unless the development cis a
#dv one lot development,' as defined in this article:
LNote to codifiers: subparagraph 1 and 2 unchanged)
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SECTION 11.
That numbered paragraph 2 of Article 3.07 (A)(4}(g) of
Chapter 1 of Article III of Appendix A of the Code of Ordinances
is amended to read as follows:
2. if the total contract amount of all improvements is fifty
thousand dollars ($50,000.00) or less, as determined by
the city engineer, or the improvements, regardless of the !I <;
contract amount, are for a "one lot development," as ,
defined in this article, the owner and contractor may, in
lieu of furnishing a payment bond, agree to pay and
satisfy all claims, liens, charges and encumbrances
arising from construction of the improvements and furnish
a written affidavit, in a form provided by the city
engineer, stating that all charges, accounts, and claims
for labor performed and material furnished in connection
with the improvements have been paid in full and that
there are no unreleased recorded liens filed against the
improvements, or land to which they are affixed, that are
to be dedicated to the public.
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The city engineer may require the owner or contractor, or
both, to furnish a list of all contractors and subcon-
tractors wno performed labor on, or persons supplying
material for, the improvements, and require a written
release of all clams from any such person ptior to
acceptance of the improvements.
k SECTION III.
That Article 3.07 (A)(4) of Chapter I of Article III of
'r Appendix A of the Ordinances is amended by adding a new
paragraph (i) to read as follows:
(i) One Lot Developments. That no final plat or replat of a
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ya , ` "one lot development" shall be approved unless the
owners thereof shall acknowledge in writing, upon the
r plat, or by separate instrument to be filed with the
f?; plat, that no Certificate of occupancy shall be issued
' for any building constructed or placed upon a one lot
development until all required public improvements have
been completed and accepted in accordance with this
' contract.
For the purpose of this article, "one lot development,"
r fir,. shall mean any development for which a final plat or
replat is approved which contains a single lot, tract,,
parcel of lsnd and which is not designed or intended
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to be subdivided ~icsto separate lots for the purpose of
r sale, lease, or development. By way of illustration
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A
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only, one lot developments shall not include properties
developed for mobile home parks; condominiums, town-
houses, or apartments; or commercial or retail properties
or industrial parks; or other developments in which the
property, buildings, or portions thereof are subdivided
for the purpose of sale, lease, or development.
SECTION IV.
Any person who shall violate a provision of this ordinance,
or fails to comply therewith or with any of tae requirements
thereof, or of a permit or certificate issued thereunder, shall
be guilty of a misdemeanor punishable by a fine not exceeding
Two Hundred Dollars ($200.00). Fach such person shall be deemed
guilty of a separate offense for each and every day or portion
thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such f`
violations such person shall be punished within the limits above.
SECTION V.
That this ordinance shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of
w the date of its passage.
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PASSED AND APPROVED this the day of , 1487.
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A STEPHENS , MAYOR
» CITY OF DENTON, 'TEXAS
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axx zb ° ATTEST:
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JENNIFER WALTM CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
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CITY of DENTON, TEXAS MUNICIPAL BUILDINO / DENTON, TEXAS 78201 /TELEPHONE (8I 7) 568.8307
M E M 0 p A N D U M olNca offna City Mans got
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TO: David Ellison, Assistant to the City Manager
FROM: Rick Svehla, Deputy City Manager
DATE: April 30, 1987
SUBJECT: Review of the 3-Way Development Contracts
Our staff has been working with the TI developers to try and
w. work through the requirements that are required in our current
subdivision regulations. The current regulations require that
a developer may begin to develop early if he agrees to either
escrow money for projects under $50,000 or post performance and
payment bonds that will guarantee that the infrastructure work
;y is performed in the subdivision. We require this in order to
guarantee that all the infrastructure will be built and
completed before any structures in the subdivision are finished
and certificates of obligations are granted for occupancy.
This arrangement allows developers to start selling their
individuals lots to other builders and developers and to
a recover some of their money faster. At the same time, it still
r protects the City since we hold the bonds and have signed
contracts which provide for the payment to contractors or to us
a to insure the completion of the infrastructure.
+ We have been reviewing these types of requirements because they
,gyp, do present some problems to developers, particularly when they
are coming in for the first time and their ability to bond is
reviewed by the bonding companies. This would particularly be
the situation for smaller developers or first time developers.
We have been looking at ways to eliminate sore of these
requirements and it appears that we have found a way to n
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s a ti eliminate these requirements for single lot plats or
subdivisions. When there is a single lot or subdivision,, there
can only be one permit issued for building on that lot. Hence
we can control both the platting process and the building
permitting process. We have trays to inform that particular
owner if he is the developer or a subsequent owner of the
requirements on thtt piece of ground before any kind of permit
y 1' is ever issued. In other words, when a single lot is platted,
1 the owner and/or developer of that lot can be notified of the
plans and the infrastructure that must be built. He then has a
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3-Way 6zvelopnent Contracts Pelmo
April 30, 1987
Page 2
choice of whether to build himself or to sell the property. If
he bjilds himself, we would be able to advise him and make him
sign an affidavit (filed with the plat), that would notify him
than the permit could be issued but no C.O. would be granted
until all the improvements are completed. Since no other
builder ur developer is buying pieces of the property, the
owner/developer would follow four scenarios. (1) He can hire a
contractor and build and finish the infrastructure before the
building structure is finished in which case we would then
issue the C.O. for the building. (2) The developer may get
into financial difficulty and not be able to complete the
project. In that case, the infrastructure would not he
finished but the building would not be either and no one would
be able to occupy the structure. (3) The developer's
contractor could get into financial difficulties. In this
case, the owner/developer would still own the land, would have
a building in progress and the infrastructure not finished.
The ownerldevelopers would be protected by his own payment and
performance bonds and contracts with the contractor. lie could
i tither call the financially troubled contractors bond or just
' pay him for what work he finished and then hire a new
contractor to finish the infrastructure before the building is
finished. (4) The owner/developer could sell. In this event
Y the affidavit that the original owner signed would be available
z, . 1F with the plat at the court clerk's office. Any kind of deed or
title search by prospective buyers would turn up this affidavit
and alert them the requirements of building on that tract.
Since we have all of the scenarios covered so that the City
would not be put in any kind of predicament for not providing
the infrastructure, we think, it is reasonable to consider
' dropping requiring the three way contract's requirements for
s.ryt ~F r single lot subdivisions,
In conclusion, we think this is a simpler way to allow
development in the City. It puts less requirements on the
developer, It cuts down on our paperwork in the systems that we
must maintain, and it saves time in the overall objective of
gs/47h'; the developer in getting the project started and completed. We
? would recommend that the Planning and Zoning Commission approve
trr:. such an amendment to the subregulations.
01
If you or the Commissioners have any further questions, I would
V
z ° be happy to try and answer them at your May 6, 1987 meeting,
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wf`A~r, R c ve a
VriN Deputy City Manager
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Art. Ill, 3.06 DENTON CODE Art. 111, 9.01
Disapproval of a final lot of record plat by the planning and }
toning commission shall be deemed a refusal by the city to accept
the offered dedications shown thereon. Approval of a final lot of
record plat shall not be deemed an acceptance of the proposed
dedications and shall not impose any duty upon the city concern.
ing the maintenance or improvements of any such dedicated r
parts until the proper authorities of the city have both given
their written acceptance of the improvements and have actually
appropriated the same by entry, use or improvement. (Ord. No.
;4.30, 12, 3.13-84)
daral requirements and
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Art. 3.07. Construction phase proc
policies.
re Construction Begins, No
to be Met Before
(A) Requirements
.
development, construction, improvements or modifications of build.
,
ings or land to which this Code applies shall begin until and `
2 unless the requirements of this article and any other appliceble
ordinances are met.
(1) Filing of an approved lot of record An approved lot of !
f J record must be filed In accordance with the provisions of
this Code.
(2) Preconstruction conference. A preconstruction conference
between the owner, prime contractor and city engineer, or
' his designee, is required to review the proposed improve-
ments to be made and the requirements of this Code.
l (3) Development contract required For all developments In
which streets, drainage facilities, water or sewer lines, or
other Improvements are to be constructed and dedicated or s
i conveyed to the public, a development contrast Is required
~5 Tip to Insure proper construction and completion of the im-
provements and payment is made therefor. Three (3) exe•
~r cuted copies of the development ccntract, along with any
jr required bonds, escrow agreements or other documents, r
shall be submitted to the city engineer on forms approved `
by or provided by the city,
wM~ , (4) Contents of development contract The development contract
shall be in a form and contain provisions deemed neces.
Supp. No. bo 1088
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APPENDI%A Art. III, 3.07
t Art. lll, 3.07
sary by the city engineer, as approved by the city attorney,
to insure proper construction and completion of the im•
provementa, payment is made therefor, and compliance
with the provisions of this Code. The contract shall con,
Lain, but not be limited to, the following provisions:
(a) Description and Cost. A description of the imprcve• r
ments, their location, and the contract price thervef,
or, if there is no contract amount yet determined, the
estimated cost thereof certified by a registered engineer.
(b) Specifications- That the improvements will be constructed
in accordance with the provisions of this Code and the
standards and specifications applicable to the city's
public works projects.
(c) Inspection and Orders. That the contractor and sub.
contractors will cooperate with and abide by the or-
ders of ine city engineer and city'r inspectors in con-
strutting the improvement.
' (d) Insurance. That the owner or contractor will comply
t i with the insurance requirement applicable to the city's
public works projects.
r (e) Performance Sons; Escrow Agreement, That if build-
t ing permits are to be issued for the development prior
n i to completion and acceptance of all improvements that
are to be dedicated to the public:
I. A performartcx! bond will be submitted in an amount,
as determined by the city engineer, to Insure com-
t t ' pletion of all improvements therein; or
2. If the cost of completing the improvements at the
time the building permits are requested is fifty
.1 X~ r thousand dollars ($60,000.00) or less, as determined
i by the city engineer, cash money in the amount of
yfi t" ^ 'ry a the cost of completing the improvements, as de-
1 ' termined by the city engineer, may be deposited
fa, s r +k iS? with a bank as escrow agent pursuant to an
es- croww agreement, the form and provisions thereof
14' to be approved by the city engineer and city at-
re completion of the improvement.
(f) Maintenance Bond. That prior '0 acceptance by the
city of any improvements, a maintenance bond will be
9upp. No, 50 1089 a
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Ar-C 111, 3 07 DENTON CODE Art. 111,307
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furnished in an amount of ten (10) per cent of the
contract amount of all improvements, insuring the
repair and replacement of all defects due to I'aulty
materials and workmanship that appear within a pe-
riod of one year from the date of acceptance of the
improvements by the city. tY
(g) Payment Bond; Assurance of Payment. That prior to
may' acceptance by the city of any improvements:
1. A payment bond will be furnished in an amount of
not less than one hundred (100) per cent of the
approximate total cost of the contract guarantee-
ing the full and proper protection of all claimants
supplying labor and material for the construction
of the improvements; or
2. If the total contract amount of all Improvements
is fifty thousand dollars ($50,000.00) or less, as
determined by the city engineer, the owner and
contractor may, in lieu of furnishing a payment
bond, agree to pay and satisfy all claims, liens,
charges and encumbrances arising 4l construc.
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P lion of the improvements and furnish a written
affidavit, in a form provided by the city engineer,
stating that all bids, charges, accounts and claims
for labor performed and material furnished in eon-
' nection with the improvements have been paid in
full and that there are no unreleased recorded
liens filed against the improvements, or land to
which they are affixed, that are to be dedicated to
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the public, The city engineer may require the owner
or contractor to furnish a list of all subcontractors
who performed labor on, or personR supplying ma-
terial for, the Improvements and require a writ-
r ^ ten release from any such person prior to accep-
tance of the improvements.
(h) Occupancy. That the owner shall not allow any pur-
chaser, lease or other person to occupy any building
'All i,3thin the development until all improvements are
^ tr accepted by the city; that upon violation of such re-
striction, the owner will pay three thousand dollars
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Art. III, 3.07 APPENDIX A Art. Ill, 3.07
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($3,000.00) to the city as liquidated damages but such
payment shall not be deemed approval of such occu-
pancy and the city may take whatever action is law-
fully necessary to restrain such occupancy.
' (i3) Construction Inspection and Acceptance. The developer shall ' y
cause his engineer to design, stake and help interpret the plans
during construction or improvements and shall cause his contrac-
tor to construct said improvements in accordance with these reg-
ulations and the approved lot or record and engineering plane.
The approved engineering plan shall be so marked on the face by
the city engineer. When found to be installed and completed in
accordance with the plans and specifications as certified in writ-
,4 A ing by the city engineer and upon receipt by the City of Denton of
t^,•; a one-year maintenance bond from each separate contractor in
r' the amount of ten (10) per cent of the contract price, a sepia set of
` "as-built" plans acceptable to the city engineer, a letter of the x
contractor's compliance with these regulations, then the city en-
~r gineer shall receive and approve for the City of Denton tLe title,
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Art. Ill, 9 07 APPENDIX A Art. [[I, 9.01
use and maintenance of the improvements. The city engineer, or
s his duly authorized representatives, shall be required to inspect
fully any and all phases of the construction of improvements for
subdivisions. The subdivider, or his contractor, should maintain
delly contact with the city engineer, or his representative, during
construction of improvements. No sanitary sewer, water or storm i
sewer pipe 6hall be covered without approval of the city engineer, 1
or his representative. No fle..ible bane material, suograde mate- b
rial or stabilization shall 6e applied to the street subgrade with-
out said approval. No concret4 may be poured nor asphalt?c our.
face applied to the base without said approval,
The city engineer, or his representative, may at any time cause
+ any construction installation, maintenance, or location or Im-
provements to cease when, in his judgment, the requirements of
this ordinance or the standards and specification, as hereinbe•
fore provided have been violated, and may regtdre such recon•
structinn or other work as may be necessary to correct say such
violation.
(C) Coat of Improutmen.'s and City Participation. All required
improvements shall be made by the applican', at his expense,
according to the officially adopted matter plans, without reim•
bursement by the City of Denton, except fgr certain oversized or
city participation provisions of this ordinance as may be expressly i
authorized by the city council and paid as funds are available.
The remainder of this parsivaph pr wides general participation
policy acid procedure; the general design standard (Chapter M
provides specific conditions for oversized participation in water,
sewer and streets. Reimbursement costa shall be based on actual
installation cost where larger facilities are required by the city.
The city will participate in the cost of any water line having an
inside diameter greater than eight N'S) inches and of any sanitary
sewer line having an Inside diameter greeter than ten (10) inches
if not required by the develol,ment. Streets larger than thirty.
four (34) feet u required b, the city shall be considered oversized.
Any requests by the developer fir payment ,hall be made In
writing and shall be presented to .he director of utilities or to the
city engineer for study. The city engineer shall present his And.
Inge, along with his recommendations for payment, to the city
council for anal approval.
Suyp. No. 41 1091
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Planning and Zoning Commission
i1 May 6, 1987
1 A special called meeting of the Planning and Zoning Commission of
f the City of Denton, Texas was held o, kednesday, May 6, 1987,
at 5:00 p.m., in the Civil Defense Room of the Municipal Building.
Present: Bill Claiborne, R. B. Escue, Jr., Ivan ulasscock,
Judd Holt and hilllam lamman
,
~I Absent: Euline Brock and Ruby Cole
k Present from Stafff David Ellison, Senior Planner; Denise Spivey,
l` Urban P1a::ner; Cecile Caron, Urban Planner; Rick Svehla,
Deputy City Manager and Executive Director for kngineering;
Joe Morris, Assistant City Attorney; Uave Ham, Director of
Mater/wr Utilities; Jerry Clark Clty Englnext; E1laabeth
Evans, Community Development Manager; and Susan Mitchell, '
Secretary
Chairman Bill Claiborne called the meeting to order,
Consider making a recommen3s tfon to the City Council
concern►n a proyoeed amendment to Article 3.07, Section A,
Appendix Subdivislon end Land Development Regulations,
relating to devetokment contract requirements for public
improvements prior to issuance of ■ certificate of occupancy.
STAFF REPORT: Mr. Svehla stated that there had been problems
w-Til Tie ffi-ree•way contra as and bonding requirements speci-
fically relating to singly lot developments. the staff has
` discussed solutions to the problem but recent conversations
with Texas Instruments have intensified flndlne a solution, ja
The main problem is the contract requirements ,Llch say that
the developer, contractor and City of Denton shall enter into
f a contract to insure that public improvements art completed
a end the contractor must secure a bond. The bonding process is
i frequently difficult for small firms and/or in cases were the
developer is the contractor. The staff would recommend that
the bonding requirements be eliminated for single lot subdivi-
sions because it would simpllty the development process for
the city and the developers. the dsvalopet would be required
to complete all public improvements in accordance with Subdi-
vision Regulations prior to the issuance of a certificate of
Q' , t occupancy.
's Mr. Claiborne asked If the lot could be subdivided and the
city still be protected, Mr. Svehla stated that this applied
onlyy to a sin le lot subdivision and if the property is sub-
dlvlded the tree-way contract would be required.
DECISION: Mr. Escue moved to recommend approval of the amend-
menFto'elialnate the bond requirement for single lot subdivl-
x slon. Seconded by Mr. Claiborne and notion unanimously
carried (5-0).
Meeting adjourned at S:30 p.m.
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cirYo/DENTON,TffXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 /TEL EPIIONE(817)566.8200
r
Flay 5, 1987
TO: Mayor and Members of City Council
FROM: Victor Schneider, Tax Technician
THRU: w. Jay Anderson, Controller
SUBJECT: Approval of Tax Refund for F,awyer's Title of Denton
RECO_MENDATIOI3:
Tax Technician recommends that tax refund be issued.
Ey. SUMMARY'
tai Chapter 31, Section 31.11 of the Texas Property Tax
Code requires the approval of the governing body of
the taxing unit-for refunds in excess of $500.00.
Lawyer's Title of Denton has requested a refund in
' ',4 nr the amount of $535.22 for overpaid amounts on 1986
f;y tax account number 2850-00500. ,
BACKG_ ROUA'D:
% 01
In January, 1987, Mr.,Steven R. Fisher refinanced his
home. During the closing process, Lawyer's Title of
Denton paid the 1986 taxes. Mr. Fisher's mortgage
company, Bane Plus Mortgage, had already paid these
paid againstcar1988ntaxrbase
total of $1,070.443was1
of $535.22.
FISCAL IMPACT: i
4
$535.22 to be refunded.
Respectfully submitted,
~ ,J~ 'lam ~ ~~.cc.C'.c/
' Victor chneidir
Ta Technician
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Control le
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rxmNhInd /re Appflutl OC uxen 31.1 1.1 1(V It) APPLICATION FOR TAX REFUND
.ollectingOt"reNamir City of DentonTax office
3011ecting Tax For; City of DQnton
i axing nits)
215 McKinney Denton, Texas 76201
Addreu
i amity, State. Zip Code
{
n order to apply for a tax refund, the following Information must be provided by the taxpayer. r
{DENTIFICATION OF PROPERTY OWNER:
Name: Law er's Titles of nAnrnn/for. e...., _ g Fi h r
Address, 513 W. Oak D n ori`Texas 76201
Telephone Number (if additional Inrormation is needed): -566-7007
IDENTIFICATION OF PROPERTY:
Description of Property: Raya--Acres Addition- Block 15, of
Address or Location of Property, 2605 Royal Arl.es Driye
Account Number of Property; 2A5~_QO a00 or Tax Receipt Number, ( 1:
INFORMATION ON PAYMENT OF TAXES: I .
Name of Taxing Unit Year for Amount of
From Which Refund Which Refund Dote of the
Amount of Tax Refund
Is Requested Is Requested Tax Payment Taxes Paid Requested
i1.4],1;y of n n on1989._ _12-31/ 19-M. $ _635.22 _0-
Z,City of Den on1986 S -
3. 19 01-2 11 19 _87 S _535.22 S .535.22 _ 4
19 r. $ $
Taxpayer's retson for refund (attach supporting documentation): Duplicate payments by mortgage
` company and title cowany,
y"I hereby spicy for the refund of the ahowdacribed taxes end certify that the Information l have glven on this form
Is true and correct"
d„-. ef a
sLozx
Signature Date of Application for Tax lulfund
:.f
DETERMINATION FOR TAX REFUND: Approval Disapproval
Signature of Authorized Officer Date
Sipnetu,o of Prealding Officer(s) of Taxing Date
Unit(s) for raiund applications over $W0
Anypwm*No"soaW"entry upon theforegoing record ohallbesubiiiMtoamofOwfolowl"ponaMIes; 1. khodo nmMtef
not mere than 10 yeah ner lose than 2 years andlw a fino of nol men then Is,000 or both such Ane and
lmpdwnmeM: 2. eonflnomeal In lall W a lefm up to 1 year or a ape not to exceed $2,000 at both such tine and ImploonmeM so eM
feM In SeoUon 21.10. Panel Cede.
rt/uND II II
30
COLLECTIONS
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PAY FIVE HUNDRED THIRTY FIVE DOL r 1' CENTS w
w 287 s ~R*MAA*AAAAtFAAS3S.21
%AWYCK/ 7MX OF 09V#TON
M.`A MI
f CITY OF DENTON TAX DEPT. :
s ar i.✓Ji`.~5 ia..: L:.,T t a/: • RYNIYM`.,I
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VOID AFTRA 00 DAY! r , : l • r ' 1
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gE9
cirY of DENrON DNNTON, TQUN 70801
Slay 5, 1987
TO: Mayor and Members of City Council
;ROM: Victor Schneider, Tax Technician
TBRU: W. Jay Anderson, Controller
s
r SUBJECT: Approval of tax refund for First Texas Savings
'a RECOMMENDATION:
Tax Technician recommends that tax refund be issued.
t t SUMMARY:
Chapter 31, Section 31.11 of the Texas Property Tax
Code
requires the approval of the governing body of
the taxing unit for refunds in excess of $500.00.
' First Texas Savings has requested a refund in the
amount of $1,157.15 for overpaid amounts on 1983 tax
account number 3950-02200.
R `S
BACKGROUND:
First Texas Savings paid these 1983 taxes from Mr.
Roland S. Ismert's escrow account on F.ibruary 3,
1984. Mr. Ismert also paid these taxes in split
payments of $578.57 on November 30, 1983 and $578,58
on June 24, 1984. Our records indicate a total of
r $2,314.30 was paid against a 1983 tax base of
~ $1,167,15.
,R;,. FISCAL IMPA^,T:
-
$1,167.16 to be refunded.
Respectfully submitted,
1 1'.
7 l.i !I'r
V ) Y t
Victor Sc mei er'~,
:a Tax echnician
t5 , '1
y n rson
y+i Controlle
ti.
6
o'ti
r
} Bo, 4410
Howion Tuff 172104410
I d0061~SE 11 .
Mortgage Banking Group
November 24, 1986
I
City of Denton Tax Office
%Research Tax Dept.
215E M: Kinney-Municipal Bldg.
Denton, Texas 76201
RE: Acct. ! 3350-02200
Rollano Ismert
LN# 09-10-25131
Dear Research Dept:
t ?
oble we
Please find information enclosed conc concernsr1983mCity
spoke about over the phone. The enclosed Mr. Ismert and by
~J+ t ~`Sl taxes which was paid by the Homeowner,
' "~'•i,* ~!5; First Texas Savings Association. Mr. Ismert paid in half
4'9tr ~i payments 1st payment on 11-30-83 in the amount of $578.51
M ±F and 2nd payment on 6/26/84 in the amount of $578.57 total
payment 51,167.15, First Texas receipt validated on
1/31/84 total payment $1,157.15 our cancelled check enclosed.
k ,
H.~ t 6 M1
Please research advising weather or not a refund was given
, of your check which was issued.
copy
to either party with a
Thanking you in advance for your cooperation in this matter.
Sincerely,
r:
% rip
+ denica BrotVn
i Tax Department
'Cut ¢r t
Copies enclosed, FTSA cancelled check
Ismert check copy
(smart 83 paid receipt
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n'r'"rt "pJFA01 110 A PEALTT TAX SERMICES - TAX PAYMENT DETAIL WORT GM01E4 PAGE 72
AGENCY 04416 C11t Of CENICN E
eV~ 1r ` TAX IC AMOTAt 0131. LOAN LCNTPACT FIT C0810E M C%POL tt~f
NC
ift =88';88.. 9 H AN
0001.
off/ ♦o~
2/J:a S 3 - 5 tell 9 h % 4 26
A %A M . 90 J6 0U
PACE TOTAL 27 i.t1r T?
A41NCY TOTAL tl 6rllliT~)'
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VIP
! R. S. oa MANOR ISMERT 9194
3000 MONTECITO 566.1171
OENTON,
` 114 a~1~v „8sr ~f
PAY To TM
1 i O~IV.D-O mel d, "",p
[!3tR4 t"7~
i U FIRST STATE iBANK wmo*j.
_ nr~~n ~.4A11 ~ ~
~c nr,.. •[115 ~ ~,~,~n~" ~
IF Is-IT
t: 1 1 1914 'r 4 r? r; "'4rt "~O'I'"t•-4+' 4 19 4 4000 0` 00X0 5 ms 5 ?01
R. S. OA ELEANOR ISMERT
3000 Momom 166.1575 4395
oENTOi~rlrExAf 76:a~ - /
e ' < r ' !AV To THI 6/> r~4' tJ
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elo
COUAAI
FIRST STAT= SANK o..c..a~,
r` nA 004MKT"v0301 '
X111914?~Zr: ''IS 00?1 94' 439S o'00000578S8r'
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TAX STATEMENT I YOUR TAMES ARI DUE OCTOIER City .,Ornu• he oeN
FE AND IC^ LiN0uENT NYeiNN/ aY, N,ra
! SDI FOR lot. . !E1 E Rt YERSI Drone. Rue h7N
SAY IOR ►ENALTY AND tNTtR-
EST OETARS.
1 r • . • EM TY EKwatior U
MuN I°_C111.1, dLOCA es LOT gds 22 ACCOUNT *"am. TAX YR ttaggw
/29 7-B • _
119831
LOCATION P Atti~SStO fXEMMT TAXARf VAl1111
.
a 00 :1 a
ti VIYOR T. APPRA000 ?AX OtAI e1
I. t `i 97 -1 4
I~ RATIO PENALTY
110,115 X
f
TOTAL
•
17.15
e 2J532
RCLLANO S ESw6T
3000 VONucirO nCM6570: SeG00 Ti
e
Oe Ni 3N TX?0201
Pt. n 9.1,
RECEIPT
CITY RECEIPT CITY
OF
OF
J
DENTON DENTON
Phone 3624601 215 E. McK •-,sy Phun/ 3,12.9601 215 E. McK{nney
oat. 195
R.uINa
i of ~O `J:rsO c 1 a.alvee
h M w I _ 1~
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oaY.
o} City Ta*aa !or the Vaar . Men 1
of City T:xn for the Year
3
on p'OOa:Y caser oed on
on property described on i
~-Te
or;g'nal Tex Rice ot';y~+l-1 9 original Tex Rlcaipt li So` WAOO S'1 $ Ln
PAY7 'dT IN FULL
ENT IN FULL
v of City Taxis 'a.- the Year a ~I
of City Taxes for the Year
on
Lot Block lot Stoc
k E
credlc {I Credit N'. q
Orlg nil Riccot No. Original Receipt No.
Rectayea Pc,-ant gor City 0. 01913n, Tun +
Received hvmant P41C~ty of 0.ntan, Texas
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Clay Conrcur c \ Cary Conadu
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NUMBER ~06c6 4 NUMBER 31268
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09231
i
NO.
i
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT BETWEEN THE CITY OF DENTON AND CALVERT PAVING COMPANY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 18, 1986, the City awarded a contract
for the construction of certain improvements to the Yellowstone
and Sheraton Drainage Project; and
WHEREAS, the City Manager having recommended to the Council
that a change order be authorized to amend such contract and
said change order being in compliance with the requirements of
art. 2368a, V.A.C.S.; NOW1 THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION 1. That the change order to the contract between
the City an Calvert Paving Company in the amount of Nineteen
Thousand Two Hundred and Seventy-eight Dollars ($19,278) is
hereby ap roved and the expenditure of funds therefor is hereby
+s authorized.
SECTION Ito Tnat this ordinance shall become effective
imme ately upon its passage and approval.
4
rEtr ~ PASSED AND APPROVED this the 12th day of May, 1987.
e
RAY STEPHENSt MAY Mr-
t CITY OF DENTON, TEXAS
ATTEST:
, t rr
JWIFER , CITY SECRETM
CITY OF DENTON$ TEXAS
APPROVED AS TO LEGAL FORM:
V + DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
.
x
s.
r
E
DATE: M;.y 1211 1987
CITY COUNCIL REPORT
TO: Maycr and Members of the City Council
I
i FROM: Lloyd Y. Harrell, City Manager
SUBJECT: BID! 9373 - YELLOWSTONE SHERATON DRAINAGE
P.O. 172432 CHANGE ORDER ►2
RECOmIENDATION: We recommend this change order be approved for $19,278.00 to
Calvert Paving, the Contractor for the project.
EY
1 'SUMMRY: The original cost of this project with Change Order O1-$14,493.00.
rr
was $681,381.42. When we add this Change Order for $14,278.00 the total project cost
will be $700,639.42. This Change Order is to cover the items explained on the at- p
tacked memo from David Salmon. f'?
r.
Memorandum - David Salmons Engineering Dept,
z
BACKGROUND:
1
eyr PRtl6RAMS: DEPARTWITS OR GROUPS AFFECTED:
'~t 5 1 1 1't i i
v. r. Street and Drainage Improvements
j.
FISCAL IIVACT: Account d 432-002-0010-SI18-9100
i ° . • r
Thee is no additional impact on the General Fund.
4 t
ILI
Respectfully submitted:
Lloyd Y. Harrell
City Manager
Preperled by:
o
1 , 4,1 41
f ' 4 yaitM John J. Marshall, C.P.M.
les Purchasing Agent
,.r
APProveds
1 , : + 7aIaw: ohn I Marshall, C.
,
4
DD)
WY of ONN70N / 215 E. McKinney / Denton, Texas 78201
1
MEMORANDUM
t
DATE: May 6, 1987
TO: Rick Svehla, Deputy City Manager
FROM: David Salmon, E.I.T./Civil Engineer
SUBJECT: Sun Valley Flume
The flume was originally constructed to allow trash vehicle
access in the rear of the subdivision. Loads from the trash
vehicles destroyed this flume so we added it to the contract to
" allow all the major drainage systens in the basic vicinity to
be upgraded. Work started on tht project several times but
weather created problems. When a few good days occurred in
f r`` early April, the contractor hurried to get some work done.
our haste, the contractor and City crews made combined
surveying errors that compounded some basic design errors in a y,
582 foot section of the flume. Our inspector did not catch the
grade difference so the flume was poured much too high. It was
determined after significant evaluation, that the flume had to
be removed and replaced. We also decided to lower the 200 foot
j section that had been designed too high to guarantee that the
%
flume would work to catch all water from adjoining properties.
As part of the redesign, Kings Row had to be lowered with
transitions back east and west to allow reasonable slopes to
the low point. Costs for the modifications follow.
f Item Quantity Unit Priee Total
Roeove Concrete Flume 711 sy $ 8.50/sy $ 6,046.00
Install Concrete Flume 711 sy $18.00/sy 12,804,00
0
Pumping A Liming Lump Sum 40000.00 4,000.0
GRAND TOTAL 5221850.00
` Because both the City and the contractor were in error, it was
f decided to share the cast of removing and.replacin the flume.
a Calvert Paving agreed to deduct $9,500.00 from the price of
` A rem W ng and replacing the flume and to split the cost of
pumping and liming which is ;4,000.00.
4 ,
1.
f
t
1
page 2 of 2 pages
l The cost of the original Kings Row design and the cost of the
i
new design is.as follows:
i
ORIGINAL
Item Quantity Unit Price 'total I
Remove Concrete Pavement 70 sy $ 8.SO S 595.00
Remove Cone Curb 8 Gutter 40 If 2.50 100.00
Unclassified Excavation 60 cy S.00 300.00
Trevira 130 sy .90 117.00
3 1/2" Asphalt 130 sy 7.50 975.00
1 1/2" Asphalt 130 sy 3.SO 465.00
Asphalt Valley Gutter 40 sy 14.00 560.00
Saw Cut Existing Concrete 8 if 1.00 8.00
Concrete Curb 8 Gutter 40 if 10.00 400.00
.;1
TOTAL $3,S10.00 * NEW DESIGN
Remove Concrete Pavement 70 sy $ 8150 $ 595.00
Remove Cone Curb 6 Gutter 240 if 2.50 600.00
wr Remove Cone Driveway b 40 sy 8.50 340.00
Sidewalk
k" Unclassified Excavation 170 sy 5.00 850.00
p
Trevira 500 y 90 450.00
r' 3 1/2" Asphalt 460 sy 7.SO 3,450.00
1 1/2" Asphalt 460 sy 3.50 1,610.00
P Asphalt Valley Gutter 40 sy 14.00 S60.00 1
Concrete Curb 8 Gutter 40 sy 10.00 1,900.00
ao sy 25.00 l,ooo.oo
V, Concrete Driveway
Saw Cut Existing Concrete 8 if 1.00 8.00
TOTAL $11,363
A
4 Ir 'l .III NI 1
? The difference in price of the two designs is $7,853.00. This
s'
xtr& uld not ebe fair to impose sany of this on the cont actor. It
wo
"4,c ,;fir The total cost to the City for the modifications on the Sun
Valley Drainage Flume is $11,42S + $7,853 ■ $190278. Excellent
bids on the project from Calvert Paving provide enough funds
ttese corrections
and reworkinggof the Kings Rowmstreet section,
f;
1 4~4
av a non
0464E
~ta
d kl
v
0923L
4
1y:
1
1
3
i
NO. -
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OFSUPPLDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, IES LAW
SERVICES I~CH ACCORDANCE
pURCHASES FROMHREQTHE UIREMENTS SOFN COMPETITIVEE BIDS;
EXEMPTING S
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS s law and ordinance require that certain
Wact , an expenditure or payment by the City
he
contracts requiring competitive bids, except ,inn t an
amount exceeding calamity be by
case public caalamity where
relieve etheeCnecessity oft the
to it
once t to appropriate money property of the city, or it is
citizens, or to preserve the necessary to protect the public health of the citizens of the
city, or in case of unforeseen damage to p
machinery or equipment; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
t k, SECTION I.
That the City Council hereby determines that there is a
"
that makes it necessary to act at once to
public calamity
a ro riate money to relieve the necessity of theeccitizens or
pudic
top preserve the property of the city, or to pr
for unforseen
health of the citizens of the city, or to provide
nd reason
damage to public property, machinery or urchasest,ofmaterials,
thereof, the following emergency p
' equipment, supplies or services, as described in the "Purchase
' +v Orders" attached hereto, are hereby approved. f:
PURCHASE AMOUNT
VENDOR
ORDER NUMBER
` d 78804 PONE ENGINEERS S23_
0,,
SECTION It.
That because of such emergency, the City Manager or
authorized to purchase the
designated employee is hereby r
lies or services as described in the
materiels, equukipm pmennt t, supp
1
a
m
aw.W
L
5
i
r
attached purchase Orders and to make payment ore tin
amounts therein stated, such emergency purchases being
accordance with the provisions of state law exempting such
purchases by the City from the requirements of competitive bids.
SECTION III.
That this ordinance shall become effective immediately upon l
its passage and approval.
1987.
10, ~ µt 4 PASSED AND APPROVED this the 12 day of MAY ,
E HEN , -Y IV i
CITY OF DENTON, TEXAS
Isrk1:,
ATTEST: }
. C
, y(!.~iISY v, J v
\n1 L'1 1 t`: IF lli
' r JENNfIFEIt alALI ERS, [Ty SEn
t r~s3 CITY OF DENTON, TEXAS,
7" APPROVED AS TO LEGAL FORM:
~1i DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
11 CITY OF DENTON, TEXAS
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BY:
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PAGE TWO
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DATE: MAY 12, 1987
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER 0 78804 - RONE ENGINEERS
RECOIVENDATION: We recommend this emergency purchase order for • profes-tonal
testing services for the Water Treatment Plant Expansion Project-Phasa 11, to Rolle
Engineers at their price schedule listings and not to exceed $23,000.00.
SU1"RY: Th.- Water Treatment Plant Expansion Project-Phase II Is Bid 09657.
The Bid was awarded on February 179 1987 by Council to Tonto Construction Co. They
have begun work on the project and some testing has already been completed under a
$2,000.00 emergency purchase order Issued on April 27, 1987 to Rolle Engineers. Three
schedule of pricing were received by the Utility Department and Freese do Nichols. They
selected Rolle Engineers as the firm with the best schedule of prices for the City of
Denton. Rone Engineers has done testing for the City of Denton before Including the
Two Million Gallon Storage Tank Project and Phase 1 of the Water Treatment Plant
Expansion. They are familar with the project and the testing required.
BACKGitOUMD: Purchase Order 0 78804
.'a Materials Testing Comparison (compiled by Utility Department)
& PROGMMS. DEPARTMENTS OR GROUPS AFFECTED:
Water Treatment Plant
FISCAL I11PACT: Construction of Water Treatment Upgrade Phase 11
P ' R There Is no additional Impact on the General Fund.
r
Respectfully submitted:
4 t s ,
1
WevX/
P
Lloyd Harrel
1 tl ftb ti~';i.
City > nager
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Prepared by:
✓.Y8 f SAy
' J 1
`e~t + oh hlArshall, CAM.
AT 4;6C
l . Purchasing Agent
Approved:
" a MArshall, C. .M.
1414; Purchasing Agent
54 1
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14
CITY OF DENTON, TEXAS
901•B TEXAS STREET PURCHASE ORDER DENTON, TX 76201
'I
P.O. NUMBER DATE VENDOR NO. DOCUMENT TY
r8e0s dsi0sisr c0v
RON1900A
SHIP TO:
VENDOR _ RS CON
BONE E N\TE3•RECLAMATION PLANT
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.
EATtNTEN9ENT
~ ASA ARpNN, SU
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11236 'GOD00)`I1bNT LANE rI
aALLI14e'TX 75229 CO~~-I~~~~ATlON CON:'1RYATION ONLY
DO NOT DUPLICATE'
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I ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. UNE AMOUNT
1 ?eRTERiALS TcSTINGAT'NATER 23000000D
01 5?3 008 0\60,91930O11 1 7REATNENT PLANT UPGRADE ^ It
m' 02.623 008 D36
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h ,.'z 23 000 00
The City of Denton, Taxes Is tax exempt • House Bill No. 20. T f r P.
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y p F r; Reference P.O, Nutpber on all a/L,Shipmen;niceedvolces 8
Shipments ere F.O.D. City of Denton, or as "
Direct Inquiries T0:
Send Invoices T0:
City of Denton, Accounts Payable Joh,i J. Marshall, C.P.M. Purchasing Agent
Tom D. Shaw, CAM, Atat. Purchasing Agent
a , ^ f` 11 yr' ; 116 E. Mc%Inney St., Donlon, TX ) 817/668.8311 D/FW Metro 167.0042
Order)
for as indicated on Purchase
i ' The City of Denton Is an equal opportunity employer
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1822L
NO.
AN ORDINANCE AMENDING THE 1986-87 BUDGET OF THE CITY OF DENTON,
TEAAS BY APPROPRIATING THE SUM OF TWO HUNDRED FIFTEEN THOUSAND
AND FIVE HUNDRED DOLLARS ($215,500) FROM THE UNAPPROPRIATED
BALANCE OF THE GENERAL FUND AND VARIOUS OTHER ACCOUNT FUNDS TO
ACCOUNT NO. 100-041-02CM-8938; PROVIDING FOR FUNDING TO FLOW
MEMORIAL HOSPITAL AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the 1986-87 Budget of the City of Denton, `
Texas s hereby amended by appropriating the sum of $78,000 from
the unappropriated balance of the General fund to the following
fund account:
1
FUND ACCOUNT NUMBER AMOUNT
Flow Memorial Hospital 100-041-620M-8938 $78,000
`;rfi * SECTION 11 . That the 1986-87 Budget of the City of Denton,
Texas s are y amended by appropriating the sum of $95,000 from
the street construction fund account 100-020-0033-8303 to thA
following fund account:
FUND ACCOUNT NUMBER AMOUNT
Flow Memorial Hospital 100-041-02OM-8938 $950000
sl SECTION 111. That the 1986-87 Budget of the City of Denton,
Texas s ereby amended by appropriating the sum of $42,500 from
the following accounts:
FUND ACCOUNT NUMBER AMOUNT
General 100-070-Ov43-8031 $319791
General 100.070.0043-8042 11389
General 100-070-0043-8061 21364
100-070-0043-8062 1,819
" General 100-070.0043.8064 1,127
General
General 100-070-0043-8065 10485
General 100.070.0043.8101 2S0
General 100-070.0043-8104 10500
s' General 100.070.0043-8342 25
''General 100-070-0043-9107 750
$420500
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to the following fund account:
Flow Memorial Hospital 100-041-02OM-8938 $4205UU
SECTION IV. That the City Secretary is directed to attach a
copy this -ordinance to the original budget and cause this
amendment to be p'jblished once in the Denton Record -Chronicle.
SECTION V. That this ordinance shall become effective
' imme ate eIy upon its passage and approval.
:t
PASSED AND APPROVED this the day of , 1987.
a,
} 1 1 Oil Irr.
RAY 4
STEPHENS, MAYOR
?1'' CITY OF DENTON, TEXAS
y r .~n '91 '
1
t ATTEST:
1 ^ Y'
JENNIFER ALTS , CITY 1
CITY OF DENTON, TEXAS
Y' .
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY r'
CITY OF DENTON, TEXAS
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kTON TEXAS MUNICIPAL BUILDING / DEN TON, TEXAS 76201 / TELEPHONE l917) 566.8200
CITY of DE ,
K E K 0 R A N D U M
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j TO: Lloyd V. Harrell, City manager
pRpy; John F. McG[ane, lixecutive Ditecto[ of Finance
f 1y
SUBJECT: UPDATING OF MARCH 4r 1987, MEMO: FJNDING OF FLOW HOSPITAL
n,
r ? is a copy of a March 1.'.i memo outlining revenue problems in the
? and expenditure reduction
r' Attached
r' General Fund due to sales tax shortfalls,
" I feel that it
recommendations for the additional funding of plow Hospital,
1 is important to update you on subsequence events that will have ca effect on
v' both revenues and expenditures in the General Fund.
6y 'wr for the month of April, the preliminary report on the
On the revenue side,
sales tax indicates a $920951 shortfall from budget. Therefore, if the r
,p
~V"Ny .y current trend continues, we need to revise our sales tax collection amount
' from s4/1,000 ahortEal] to 53009004 it will rlso be necessary
o offset this
ykn
and look at further reductions in the General Lund in order
w~a~i`sr ifJ revenue shortfall. endat I am curlonrinaently worshort pkine[iodtof timed we wil'. be coming bock
to you with a recokm `
jpdating is regards to the
The second item
owhere the Math 4tbym mo needs bsequent to the memo of March
al study done DH&S.
The
plow Memorial H
4thr the County has coined in participation and cost of that study.
>,r
March 4th memo, page 4, section 2, made recommendations for 225,000 worth of
! k General Fund cute in order to fund plow Hospital in the amount of t200#000 and
2 r,i R~° e'Tx a study of 025,)00. The subsequent cost of the study to the City of Denton is
r Y
1f15i500t therefore, it will only be necessary to reduce the General Fund in a
~ total amount of 02150500.
diecussrthesaiwith you,memo or the March 4
if you need any additional information
memo, I will be more than happy
Y
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' Attachment
246OF
LI 4T g
,
4.
VTYof DENTON, TEXAS MUNICIPAL BUILDING / DENTCN, TEXAS 76201 / TELEPHONE (817)566-820D
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M E M O R A N D U M I
DATES March 4r 1967
TOs Lloyd V. Earrell, city manager '
,
a FROM: John F. McGrane, Director of Finance
z
' SUBJECT: FUNDING OF FLOW HOSPITAL
K he you are ewaro, the request for funding of Flow Hospital cornea at a time
when the General fund budget is already experiencing difficulties. The
decrease in revenue associated with the short fall of sales tax
tax collections
u has already had an adverse effect on the fund.
for the first five (5) months of fiscal year 1986-67 have been under collected
in an amount of 7400000 over the amount budgeted based on the experience of
It this trend
.I collections for the same tine period of the previous year.
continues through the end of the fiscal year there will be additional problems
Y; ^ In the tend. it is proyected that the e000end revenue shortfall ftoT sales
tax collections will be approximately
Y
Another area of concern is with the building permit :avenue :lase it appears
that building activity in our area may ae slovingo we wil be
is the peakopermitnseaeon
A:," F" source of revenue over the next few months.
and therefore, we will be able to know if any further revenue problems are in
t store.
9y On the expendit.re side of the :und, departments have already 'tightened their
belts' to produce + reduced current service level budget the amount of
tm 000, t #12,000 from proposed budget and $170,000 Iron a two (1e) per cent
reduction in February. This has already put a attain on those departments
sines their expected levels of services have not been reduced accordingly.
,r
~ Thetafcrsj in order to produce an appropriation for the funding of Flow
Hospitals a shifting of priorities will be necess-Iry in the Ueneral Fund.
Following is a list of alternatives for the offset of the decrease in revenue
and the potential funding of the hospital.
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Memo to Lloyd V. Harrell
March 4, 1987
Page Two
Alternatives
1. Eliminate the hiring within the last six (6) months of the year of
three (3) additional police officers. This would produce a savings of
420500. This would have an effect upon the efficient and effective
utilization of our current police officers.
j 2. The average personal service cost per employee is approximately 4220000
on an annual basis. In order to produce the 200,000 funding for Flow
Hospital, it would be necessary to Jay off approximately eighteen (18)
people for the last six months of the fiscal year. This would have a
severe impact upon the service levels of all the departments within the
General Fund. This would include police, firer general government,
municipal court, and all the other staff functions. j
3. Reduce the unreserved fund balance by the appropriate amount. The
r' unreserved fund balance in the General Fund as of September 30, 1986,
was 10515,000. This amount represents seven (71) percent of the total
1986-67 General Fund. Although there is no set percentage, the general
rule of thumb is that a proper reserve level should be between 8-10 per
cent. It was recognized earlier in the 1986-87 budget process and,
eventually became one of the goals approved by Council to increase the
( unreserved fund balance to the 8-10 per cent range. The use of funds
' from the unreserved fund balance could have two adverse effects. One,
r! this is one of the elements used in analyzing the fiscal responsibility.
of an entity by the New York bond rating agencies. We have stated to
3(" a the rating agencies that we were striving for the 8-10 percent reserve
* level, The City will be i=wing bonds within the next couple of months
W and, therefore, this reduction on the unreserved fund balance may have
an effect upon the City's overall general obligation bond ratings.
r 1, ti,
Once again, there is no telling what exact effect a down grading of our
bond rating would have. However, it's thought that the difference
4'1 'E,°s between rating ^reies can cause anywhere from .25 to .50 per cent
difference in the interest rate depending on the factors relating to
>a,,..' ) that particular bond sale. At current interest rates, a 425 per cent
interest rate increase ovsr the twenty (20) year life Of 'the 21.7
million dollar bonds would mean approximately
additional costs.
d ~ e
~ The second effect would be that this would further reduce available
funds for any future potential claims against the General Fund,
by , r
'.;`f including pending law suits or any other unexpected claims.
45,
, The fourth potential area would be to initiate an across the board cut
1 of all the departments in the General Fund of approximately four (4%)
per cent. This would produce 240,000 worth of expenditure reduction
any would be in areas other than personal Services. As met,tioned
' earlier, the various departments have already tightened their belt and
2 a6 additional four (44) per cent cut may have a drastic effect
especially upon the smaller departments.
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+ 1
Memo to Lloyd V. Harrell
march 4r 1987
'Page Three
5. Eliminate the fire station reserve of 75,000 that was incorporated i
into the 1986-87 budget. The adverse effect of this would be to delay
the opening of the fire station from which the capital portions are
funded in the current capital improvements program.
6. Reduce the City manager's contingency by $75,000. This would have the
k
effect of eliminating any potential funding of any other unexpected
needs that may arise between now and the year end.
7. Reduce the amount of appropriation for the city/county Health
Department. There is a balance within this appropriation of
approximately 76,300 that could be utilized for other priority items.
8. Eliminate the appropriation for a Revenue study update. Savings will
` be 20,000 and delay the funding until next fiscal year. The impact of
not doing the study will have an effect on the ability to charge for
the actual cost of services and could have a long term effect. Staff
will look at various fees on a limited basis and will attempt to revise
somfr of the user fees for the 1987-88 budget. However, the total
ravenue cost of the study will need to be reappropriated and conducted
in the 1987-86 fiscal year.
_ 9, Transfer from the Recreation Fund $5D,000 to the General Fund. This
would limit the future capabilities of funding various Perks i
Recreations programs.
20. Reduce the street program budget by 95,000. There was budgeted in the.
s~< General Fund 140,000 for street resurfacing and seal coating
r
Programs, We have
If thebalaceof currently funds e were and/or obligated d following streets
would not be done:
- Xingcton Trace - Linwood
_ Bernard
- Fulton ft - Scripture
11. Eliminate 024,300 for youth sports contract. This emount'pays for the
officiating of the various sports leagues. The elimination of these
w ' funds would put a burden on the various leagues to provide their own
umpires, etc.
12. The lost item would be to issue some notes in order to provide enough
funding for Flow Hospital, after discussing this matter with our
Financials, First Southwest Corporation, the only way that this could
be accomplished at all this year would be to present to the State
ed.4 jt1 F Legislature a bill that would give the City the authority to issue
; notes so that we could fund an operating deficit of the hospitals
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Memo to Lloyd V. Harrell
'March 4, 1987
Page Four
Staff Recommendations:
(1) Sales Tax Shortfall - If the current trend for sales tax collections
continues through the rest of the year, the projected revenue shortfall
for the year will be $441,000. Some initial action has already been i
taken to offset the revenue shortfall. The steps are as follows:
(a) Initiate a hiring freeze in vacant positions 41000000
(b) Implement a two (24) per cent non-personal service
budget reductions - all General Fund Departments 120,000
' TOTAL 220,000
r
The additional recommended actions are:
(a) Reduce amount allocated for the Contingency Fund 75,000 f
~ l
(b) Reduce over-appropriation for County Health Department 76,000
(c) Transfer from the Recreation fund $01000
(d) Delay Revenue study 20,000
' TOTAL $221,000 "
R
(2) funding for Flow Hospital
It is the staff recommendation that prior to the issuance of funds to
Flow Hospital that a study be done by in outside consultant that would
( 1 look at the feasibility of continuation of the current short term
problems that the hospital is experiencing in order to Identify whether`
~+,E k it is a cash flow roblsm or is a severe fundin '
p g problem based upon the
'~"tip client mix that is occurring. The study would also take a look at the F
long term prospects of the hospital in order to determine Ghether the
a" .k deficit funding of Flow Hospital will be an annual occurrence and,
therefore, severely affect the General Fund operations.
Wri}s The second recommendation is for the 225,000 necessary for the funding
dr., of Flow and the study. The reductions are as follows:
(1) Reduce the street program budget 950000
(2) Eliminate the funding of three (3) new
' police officers 0428500
" (3) Cut all General Fund non-personal
?its service budgets by an additional 1.51 87,500
TOTAL #225 000
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Memo to Lloyd V. Harrell
r'March 4, 1987
^ page Five
it should be noted that with the additional 4200,000 funding for Flow
there still remains a severe problem with the payment of the utility bills i
for the hospital. The outstanding utility bill for the hospital at the
current time is approximately $137,067t91. Article xII, Sec. 12.02 of the
Charter provides that the utilities shell provide no free service. Since
k Flow has refused to pay for this service, some action will be necessary to
collect payment or terminate service. In addition, It should also be
noted that the recommendations for reduction will also eliminate any
further ability of the staff to adjust the General Fund budget. This may
' be a concern if other unanticipated expenses or revenue shortfalls occur
later in the year,
i
'
ohn F. McGrane
JFMCGraf
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RESOLUTION NO.
6
A RESOLUTION EXPRESSING SUPPORT OF LEGISLATION CREATING THE
DENTON COUNTY HOSPITAL DISTRICT; AND DECLARING AN EFFECTIVE
f DATE.
WHEREAS, State Senator bob Glasgow and State Representative
Jim Horn may introduce legislation to crtate the Denton County
Hospital District; ana
' WHEREAS Flow Memorial
Hospital
serves the health needs of
III
the residents of Denton and Denton County; and
WHEREAS, the City Council of the City of Denton recognizes
the importan:e of a public not for profit hospital to meet
' those needs; and
{
WHEREAS, Flow Memorial Hospital deserves to have a sound
financial posture, which a hospital district would provide; and
k" WHEREAS, The City Council of the City of Denton wishes to
allow its residents the opportunity to voice its desire in
providing tnat sound financial posture; NOW, THEREFORE,
y
I
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I. s
~aqti a ~k.
Tnat the City Council hereby expresses its support for the
legislation creating the Denton County i 4spituil District and
expresses its appreciation to Senator Bob Glasgow and
Representative Jim Horn for their efforts on behalf of the
residents of Denton County.,
SECTION I I .
A k
LIZ o
rthe City esolution Secretary
1~wil r:r is That
of h
to t Senator hereby Bob Glasgow directed ad Representative
Jim Horn.
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SECTION III.
That this resolution shall become effective immediately
upon its passage and approval.
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PASSED AND APPROVED this day of , 1987,
RAY STEPHEN79
CITY OF DENTUN, TEXAS
;r
ATTEST:
r ° ab JENNIFER WALTERS, CITY SECRETAR
CITY OF DENTON, TEXAS
F A..
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCN, CITY ATTORNEY
CITY Of DENTON, TEXAS
BY: J
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A BILL TO BE ENTITLED
i
AN ACT
i
1
relating to the creation, administration, powers, duties,
operation, and financing of the Denton County Hospital District
including the power to levy taxes, Issue bonds, and take property
by eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXASt
ARTICLE 1. GENERAL PROVISIONS
: SECTION 1.01. DEFINITIONS. In this Actt
(1) "District" means the Denton County Hospital District.`
(2) "Board" means the board o2 directors of the district.
(3) "Director" means a member of the board.
(4) "Board of Directors of Flow Memorial Hospital" means
the joint agent of Denton County and the City of Denton for
hospital purposes established pursuant to Chapter $11, Acts of
the 59th Legislature, Regul6r Session, 1965 (Article 44941-1,
aL ) Vernon's Texas Civil Statutes).
t SECTION 1.02. DISTRICT AUTHORIZATION. The Denton County
r i r p a=' :
t ' ? Hospital District may be created and established and, if created,
must be maintained, operated, and financed in the manner provided
by Article Ix, Section 9, of the Texas Constitution and by this
Act.
,wlL
x SECTION 1.03. BOUNDARIES. The boundaries of thm district
r L, `
are coextensive with the boundaries of Denton County, Texas,
u, ?N~ ARTICLE 2. TEMPORARY DIRECTORS 1
SECTION 2.01, TEMPORARY DIRECTORS, on or after the
r" effective date of this Act, the commissioners court of Denton
County shall appoint nine temporary directors of the district,
To be eligible to serve as a temporary director a person must
meet the qualifications set out In section 4,06 of this Act.
SECTION 2.02, VACANCY IN OFFICE. A vacancy in the office
of temporary director shall be filled by appointment by majority
Vrte of the commissioners court.
rr c` ARTICLE 3. CREATION 01' DISTRICT
SECTION 3,01, CREATION ELECTION. The district may be
created and a tax may be authorised only it the creation and the
1 OF
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1
tax are approved by a majority of the qualified voters of the
territory of the proposed district voting at an election called
j' and held for that purpose.
SECTION 3.02. ORDERING ELECTION. (a) The commissioners
} court of Denton County may order a creation election to be held.
(b) On presentation of a petition for a creation election
signed by at least 10 percent of the registered voters of the
territory of the proposed district, according to the most recent
official lists of registered voters, the commissioners court
shall order an election to be held. The election shall be called
not later than t~, 60th day after the date the petition is
presented to the district.
SECTION 3103, ELECTION ORDER. The order calling the
election must stater
(1) the nature of the election, Including the proposition
that is to appear on the ballotr
(2) the data of the alectlonr t
(3) the hours during which the (.oils will be open; and
(4) the location of the polling places.
SECTION 3,01. NOTICE. The commissioners coact shall give ,
y notice of the election by publishing a substantial copy of the
,x
i election order in a newspaper with general circulation in the
proposed district once a week for two consecutive weeks. The i
' PI r
first publication must appear at least tS days before the date
act for the election.
f ti x' n
SECTION 3,05. ELECTION DATE. (a) The election shall be
held not less than 45 days not more than 60 days after the date
wv ,
on which the election Is ordered,
Ns (b) Section 41.tltl1(a), Election Code, does not apply to an
try
election ordered under this article.
+ k, SECTION 3,06. BALLO: MPOSITION. The ballot for an
f
election at which the Issuance of bonds is not proposed shall be
F S printed to permit voting for or against the proposltlone "The
i i creation of the Denton County Hospital District and the levy of
annual taxes for hospital purposes at a rate not to exceed 715
r cent$ on each 0100 valuation of ■ll taxable property In the
+ dletrict." 'S
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, +
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SECTION 3,07, CANVASSING RETURNS. (a) The CUnlmlael0nere
(
III court shall meet and canvass the returns of the election.
(b) If the commissioners court finds that the election
I results are favorable to the proposition to Create the district,
+
it Shall issue an order declaring the district created.
(c) If the commissioners court finds that the election
results are not favorable to the proposition to create the
district, enother creation election may not be held within 12 {
months after the date of the election at which voters disapproved
the proposition.
SECTION 3.00, EXPIRATION OF ACT. If the creation of the
district is not approved at an election held within 60 months
' after the effective date of this Act, this Act erpireu.
ARTICLE 1. DISTRICT ADMINISTRATION
SECTION 6.01. BOARD OF DIRECTORS. (a) The district is
yoverned by a board of nine directors.
r"
(b) From the time the creation of the district is approved
4 until the elected directors take office, the temporary directors
serve as directors of the district.
SECTION 1.02. INITIAL DIRECTORS' ELECTION. Directors shall '
be elected at an election to be held on the third Saturday in May
~t ' per following the creation of the district.
t. fly SECTION 1.03, METHOD OF ELECTIONI STAGGEREb TZAASr TERM OF
c1~41 f'', OFFICEI ELECTION DATE. (a) Two directors shall be elected from
each commissioner precinct and one director shall be elected from
l
the district at large,
,yC"tj tr (b) At the Initial election of directors, the two w 4}
candidates receiving the highest number of votes floe a I'
commissioner precinct are directors for that precinct, and the t
one candidate receiving the highest number of votes from the
dletrlct at large is the director tot the district at large,
(o) The candidates elected from odd-numbered precincts at
a r' the initial election serve for a term of two years, and the
k candidates elected from the even-numbered precincts at that
election serve for a teas of ant year, The candidate elected ae
Yr r the director from the district at large at the initial election
j` AIMS tot a term of two years.
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n
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(d) After the Initial election of directors, an election
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shall be held on the third Saturday In May each
y year and the
appropriate number of successor directors shall be elected for
two-year terms.
i SECTION 4.04• NOTICE OF ELECTION. At east 35 days before
j the date of an election of directors, notl:e of the election
shall be
published one time in a newspaper with general
( circulation In the district.
SECTION 4.05. PETITION. (a) A
} persons who wishes to have
his name printed on the ballot as a candidate for director must
file with the secretary of the board of directors a petition
signed by at least 10 registered voters of the district asking
• that his name be placed on the ballot. The determination of
whether a person is a registered voter of the district shall be
based on the most recent official lists of registered voters,
(b) The petition must be filed with the secretary not later
than the 31st day before the date of the election.
(c) The petition must specify the commissioner precinct the
Ee candidate wishes to represent or specify that the candidate
wishes to represent the district at large.
SECTION 4.06. QUALIFICATIONS FOR OFFICE. (s) To be
n" eligible to be ■ candidate for or to serve as a director, a
py peeson must ber
r. A
Aar 'a (1) a resident of the districts and
d (2) a gvallfled voter.
N r•
(b) In addition to the qualifications required by
Subsection (a) of this section, a person who Is elected from a
commissioner precinct or who is appointed to fill a vacancy for a
1
rl t
+"a if commissioner precinct must be a resident of that commissioner
n*r k precinct.
! (e) An employee of the district may not serve as a
f T director,
1 SECTION 4.07. WARD VACANCY. A vacancy In the office of
' +E.' director shall be filled for the uaeapired term vy appointment by
' the commissioners court. A person who Is appointed to fill the
vacancy must have the qualifications provided by Seclton 4.06 of
this Act for the position.
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SECTION 4.09. OFFICERS. The board shall elect from among
,f
its members a president and a vice-president. The board shall
also appoint a secretary. The secretary need not be a director.
` SECTION 4.09. OFFICERS' TERMSt VACANCY. (a) Each officer
of the board serves for a term of one year.
(b) A vacancy in a board office shall be filled for the
1
unexpired term by the board.
SECTION 4.10. COMPENSATION. Directors and officers serve
without compensation but may be reimbursed for actual expenses
incurred in the performance of official duties. Those expenses
must be reported in the district's minute book or other district
records and must be approved by the board.
SECTION 4.11. VOTING REQUIREMENT. A Concurrence of a
majority of the members of the board voting is necessary in
matters relating to the business of the district.
SECTION 4.17. ADMINISTRATOR, ASSISTANT ADMINISTRATOR. AND
ATTORNEY. (a) The board may appoint qualified persons as
administrator of the district, assistant to the administrator,
..'r, and attorney for the district.
•t, (b) T-10 administrator, assistant administrator, and
attorney serve at the will of the board. j
(c) The administrator, assistant administrator, and
attorney ar4 entitled to compensation as determined by the
board.
Before assuming his duties, the administrator shall
« +is '
~y f execute a bond payable to the hospital district in the amount of
not leas than S5,110D as determined by the board, conditioned on
the faithful performance of this duties under this Act. The
E
board may pay for the bond with district funds.
SECTION 4.17. APPOINTMENTS TO STAFP. Tile board may appoint
;e . to the staff any doctors It considers necessary 'or the efficient
operation of the district and may make temporary appointments as
considered necessary.
SECTION 4.14. TECHNICIANS, NURSES, AND OTHER DISTRICT
d EMPLOYEES. {ei The district may employ technicians, nurees,
fiscal agents, accountants, u : acts, additional attorneys, and
other necessary employees.
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Ib) The board may delegate to the admiIII St rat ar the
authority to employ persons for the district.
SECTION 4.15. GENERAL DUTIES OF ADMINISTRA'T'OR. he
admioIs trator shall supervise the work and activities of the
i
district and shall direct the general affairs of the district,
subject to the limitations prescribed by the board.
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SECTION 4.16. RETIREMENT BENEFITS. The beard may provide
j i
i retirement benefits for employees of the district by establishing
i
j or administering a retirrnent program or by electing to
T E,rticipate in the Texas _(,enty and District Retirement System or
ih &ny other statewide retirement system In which the district is
1
s.lglble to participate,
ARTICLE 5. POWERS AND DUTIES
SECTION 5.01. RESPONSIBILITY OF AND LIMITATION ON
l
GOVERNMENTAL ENTITY. (a) On creation of the district, Denton
County, the City of Denton, and the Board cf Directors of Flow
w Memorial Hospital shall convey o: transfer to the diatrietr
11) title to land, buildings, Improvements, and equipment
related to the hospital system owned by Denton County, the City
of Denton or the Board of Directors of Flow Memorial Ilospitall
ry 12) operating funds and reserves for operating expenses and
funds that have been budgeted by Denton County, the City of
$l Denton or the Board of Directors of Flow Memorial Hospital
t+ provide medical care for residents of the district for the
remainder of the fls4.%I year in which the district is
established; I °
-1
(2) taxes levied by Denton County for hospital purposes for
the current year; and
(4) funds established for payment of indebtedness assumed
by the district.
' i# r (D) on or after creation of the district, Denton County and
the City of. Denton may not levy taxes or Issue bonds or other
obligations for hospital purposes or for provlding medical care
M 4 ,r ~ N
for the residents of the district.
I T t '"ny F A n
SECTION 5.02, DISTRICT RESPONSIBILITIES, On creation of
the district, the districtl
,
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6 ',a
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(I ) assumes full responsibility for operating hospital
( facilities and for furnishing medical and hospital care for the
district's needy inhabitants)
(2) assumes any outstanding Indebtedness Incurred tl Denton
County, the City of Denton or the Board of Directors of Flov
j Memorial Hospital in providing hospital care for residents of the
territory of the district before the district's creation; and
(3) may operate or provide for the operation of a mobile
i erie[gency medical service.
14) shall pravide the health care services usually and
S custcmarily provided by comparable community-based hospitals in
j
Texas.
1
SECTION 5.01. MANAGEMENT, CONTROL, AND ADMINISTRATION. The
board shall manage, control. and administer the hospital system
and the funds and resources of the district.
SECTION 5.04. DISTRICT RULES. The board may adopt rules
r ,
governing the operation of the hospital and hospital system and
y,' ,rt t!,e duties, functions, and responsibilities of district staff and
+ employees. ail,
' ; SECTION 5.05. METHODS AND PROCEDURES. (a) The uoard may
t yt} prescribe the method of making purchases and expenditures by and
~i for the district. "
J l S .r'ANI'y,M1~ , 'e. a.
a*'. (b) The board may prescribe accounting and control
ay =;ry procedures for the district.
SECTION 5.06. HOSPITAL PROPERTY, FACILITIES, AND EQUIPMENT.
,11 (a) The board shall rierecmine the type, number, and location of buildings requited to establish and maintain an
h adequate hospital system and the type of equipment necessary for
q a r 4 ,-i hospital care.
11
(b) The board may acquire property, facilities, and
t„ equipment for the district for use in the hospital systeru and may
mortgage or pledge the property, facilities, or equipment a
acquired as security for the payment of the purchase price.
(c) The board may lease hospital facilities on behalf of
the district.
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(d) The beard may sell or otherwise dispose of property,
facilities, or equipment on behalf of the district.
SECTION 5.07. CONSTRUCTION CON'T'RACTS. (a) The board may
444E enter into construction contracts on behalf of the districts
} huwever, the board may enter into constructlou contracts that
1 involve spending more than $10,000 only after competitive bidding
as provided by Chapter 710, Acts of the 66th Legislature, Regular
Session, 1979 (article 2168a.1, Vernon's Texas Civil Statutes).
(b) Article 5160, Revised States, as It relates to
performance and payment bonds, applies to construction contracts
let by the district.
SECTION 5.08. DISTRICT OPERATING AND MANAGEMENT CONTRACTS.
The board may enter into operating or management contracts
F t '
relating to hospital facilities on behalf of the district.
SECTION 5.09. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire by condemnation a
I` fee simple or other interest in property located in the territory
of the district If the property interest Is necessary to the
exercise of the rights or authority conferred by this Act.
( (b) The district must exercise the power of eminent domain
ti I In the manner provided by Chapter 21, Property Code, but the
4
district is not required to deposit in the trial court money or a T')
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation Eroceeding brought by the olstrict,
y ~.'-r 3
the district to not required to pay in advance or give b nd or
` other security for costs in the trial court, to give bond for the
issuance of a temporary restralniny order or a temporary
injunction, or to give bond for cants or supersedeas on an appeal
,
or writ of error.
t rr
tt. SECTION 5.10. EXPENSES POP MOVING FACILITIES OF RAILROADS
f AND UTILITIES. In exerclO ng the power of eminent domalu, if the
board requires relocating, raising, lowering, rerouting, changing
x. the grade, or altering the construction of any railroad, highway,
pipeline, or electric transmission and electric distribution,
4^ .
telegraph, or telephone lines, conduits, poles, or facilities,
the district must beat the actual cost of relocating, raising,
i
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lowering, rerouting, changing the grade, o[ altering the
construction to provide comparable replacement without
j enhan^ement of facilities, after deducting the net salvage value
derived from the old facility.
j SECTION 5.11. INDIGENT CARE, (a) Not later than the ,
beginning of each operating yea[, the district shall adopt an
i application procedure to determine elLgibility for assistance, as
provided by Section 10.07, indigent health Care and Treatment Act
(Article e438f, Vernon's Texas Civil Statutes).
(b) If an individual residing in the district is admitted
as a patient to a facility of the district, the administrator may
have an inquiry made as to the patient's financial circumstances
and as to financial circumstances of a relative of the patient
who is legally responsible for the patient's support,
(c) On finding that the patient or a relative of the
patient legally responsible for the patient's supp+.rt can pay for
all or any part of the care and treatment provided by the
ti district, the administrator shall report that findl.19 to the
board, and the board shall Issue an order directing the patient
or the relative to pay tha district a specified sum each week
i { <<l+y bases on the Individual's ability to pay.
(d) The administrator may
n + collect money owed to the 'ta ~
district from the estate of the patient or from that of a
relative who was legally responsible for the patient's support In
»~r 5 Vin; the manner provided by law for collection of e+Ypenses in the last
illness of a deceased person,
S ~I
(e) To the extent that a patient or a relative of the
r patient legally responsible for the patient's support cannot pay
for care and treatment provided by the district, the district
shall supply that care and treatment without charging the patient 4 M1F
or the patient's relative.
y (f) If there is a dispute relating to an irdividual's
'y ability to pay or if the administrator has any doubt concerning
an individual's ability to pay, the board shall call witnesses,
hear and resolve the question, and Issue a final order. An
appeal from a final order of the board must be made to ,r district
} 9
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i court in the county in which the district is located and the
substantial evidence rule applies.
SECTION 5.11. REIMBURSEMENT FOR SERVICES, (a) The board
shall require reimbursement from a county, city, or public
uospital located outside the boundaries of the district for the
district's care and treatment of a sick, diseased, or Injured
person of that county, city, or public hospital as
b
z provided Y
the indigent Health Care and Treatment Act (Article /AJSf,
Vernon's Texas Civil Statutes(.
(b) The board shall require reimbursement from the sheriff
of Denton County for the district's care and treatment of a
person confined in a jail facility of Denton County who is not a
4 (
resident of the district.
y, (c) On behalf of the district, the board may contract with i!
the state or federal government for the state or federal
o ' government to reimburse the district for treatment of a sick,
diseased, or injured person.
SECTION 5.13. SERVICE CONTRACTS. The board may contract
S 1 4 with a city, county, special district, or other political
1'
A;
`
r subdivision of the state or with a state or federal agency for w'
r pp
+i+.M the district to furnish a mobile emergency medical service or to
provide for the investigatory cc welfare needs of inhabitants of
+Y~ yr M~_
the district. ~ F.
"ray+' A'3 The Board's authority to contract includes, but is not
~ if + i Y, •..ti
limited to, the authority to contract with a mental health-mental
.
,
F1. M retardation community center for the establishment and operation
r; of a crisis stabiliiatlon unit and other health related services.
Yi1 SECTION 5,11, DONATIONS, GIFTS, AND ENDOWMENTS. on behalf
of the district, the board may accept donations, gifts, and
endowments to beheld In trust for any purpose and under any
direction, limitation, ur provision prescribed in writing by the K
donor that is consistent with the proper management of the
,a district.
SECTION 5,15. AUTHORITY TO SUE AND BE SUED. The board may
t sue and be sued on behalf of the district,
:vr ~w
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ARTICLE 6. DISTRICT FINANCES
SECTION 6.01. FISCAL YEAR. I&) The district is operated
on the basis of a fiscal year established by the Hoard.
(b) The fiscal year may not be changed during a period that
revenue bonds of the district are outstanding cc more than once
in a 24-month period.
SECTION 6.01. ANNUAL AUDIT. Annually, the board shall have
an audit made of the financial condition of the district.
+ SECTION 6.03. DISTRICT AUDIT AND RECORDS. The annual audit
and other district records shall be open to inspection during
regular business hours at the principal office of the district.
SECTION 6.04 ANNUAL BUDGET. (a) The administrator of the
district shall prepare a proposed annual budget for the district.
(b) The proposed budget must contain a complete financial
statement, including a statement ofs
(1) the outstanding obllgatlonp of the districts
(2) the amount of cash co hand to the credit of each fund
r
r " of the districts
(3) the amount of money received by the district from all
y
60urGr19 during the previous years
the amount of money available to the district from all
6 sources during the ensuing year;
,t44 .
2 (5) the amount of the balances expected at the end of the
year In which the budget is being prepareds
.k{ 9
(6) the estimated amount of revenues and balances available ILI.
to cover the proposed budgets and
(7) the estimated tare rats that will be required.
1C
SECTION 6.05. NOTICES HEARINGS ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed annual
r, budget.
p (b) The board shall publish notice of the hearing in a
y
newspaper of general circulation In the district not later than ell
the 10th day before the date of the hearing,
0 ,
(c) Any resident of the district is entitled to be present
and participate at the hearing.
trx7r J
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(d) At the conclusion of the hearing, the board shall adopt
i a budget by acting on the budget proposed by the administrator.
The board may make any changes in the proposed budget that In its
j
judgment the interests of the taxpayers demand.
I
- Ie) The budget is effective only after adoption by the
board.
SECTION 6.06 AMENDING BUDGET. After adoption, the annual
j budget may be amended on the board's approval.
li SECTION 6.07. LIMITATION ON EXPENDITURES. Money may not be
spent for an expense not included in the annual budget or an
amendment to it.
SECTION 6.08. SWORN STATEMENT. As soon as practicable
" after the close of the fiscal year, the administrator shall
prepare for the board a sworn statement of the amount of money
that belongs to the district and an account of the disburse.aents
of that money.
r
SECTION 6.09. SPENDING AND INVESTMENT LIMITATIONS. (a)
'r y
A Except as provides by Sections 5.07(x), 7.01, 7.01, and 7.05 of
this Act, the district may not Incur a debt payable from revenues
,y of the district other than the revenues on hand or to be on hand +i
in the current and isunedlately trllowlnq fiscal year of the
t district. -
s Ib) The board may not invest operating, depreciation, or
js" building reserves in funds or securities other than those
specified by Article 836 or 837, Revised Statutes.
SECTION 5.10. DEPOSITORY. (a) The board shall name at
4 :
least one bank to serve as depository for district funds.
r 5 ti'.
(b) district funds, other than those Invented as provided
7.' by Section 6.09)b) of this Act and those tranamitted to a bank of
payment for bonds or obligations Issued or assumed by the
district, shall be deposited as received with the depository bank
I! and must remain on deposit. This subsection does not limit the
power of the board to place a portion of district funds on time
deposit or to purchase certificates of deposit.
%
y ^
(c) Before the district deposits funds In a bank In an
ra... ~;I a:eount that exceeds the maximum amount secured by the Federal
12
or
j
F )
.r~
1
f
Deposit Insurance Corporation, the bank must execute a bond or
other security in an amount sufflcient to secure from loss the
i
( district funds that exceed the amount secured by the Federal
( Deposit Insurance Corporation.
;
ARTICLE T. BONDS
SECTION 7.01. GENERAL OBLIGATION BONDS. If authorized by
II an election, the board may issue and sell bonds in the name and
on the faith and credit of the hospita: district for
(1) purchase, construct, acquire, repair, or renovate
buildings or improvements;
(2) equip buildings or improvements for hospital purposes;
f or
(3) acquire and operate a mobile emergency medical service.
r SECTION 7.02. TAXES TO PAY BONDS. (a) At the time the
bonds are Issued by the district, the board shall levy a tax.
(b) The tax must be sufficient to create an interest and
r sinking fund to pay the principal of and Interest on the bonds as
they mature.
# i , (c) In any year, the tart together with any other tax the
district levies may not exceed the limit approved by the voters
at the election authorimicg the levy of taxes.
°r' , SECTION 7.03. BOND ELECTION. ;a) The district may n: t
7r
1" s + issue general obligation bonds until the bonds are authorized by
4%
a majority of the qualified voters of the district voting at an
. election called and held for that purpose. ;i
M
r ~
)F (b) The board may cider a bond election. The order calking
cr` Mn, 1 ,9~ the election must state the nature and date of the election, the
hours during which the polls will be open, the location of the
;z polling
places, the amount of bonds to be authorized, and the
+ maximum maturity of the bonds.
(c) Notice of a bond election shall be given as provided by
Article 704, Revised Statutes.
(d) The board shall G r,ass the returns and declare the
results of the election.
r •w
SECTION 7.04. REVENUE BONDS. (a) The board ray issue
revenue bonds to;
r "
r, 13
e
s
j (1) purchase, construct, acquire, repair, equip, or
renovate buildings or Improvements for hospital purposesr
(2) acquire sites to be used for hospital purposesr or
(3) acquire and operate a mobile emergency medical service
to assist the district In carrying out Its hospital purposes.
(b) The M:.is must be payable from an,i secured by a pledge
r•' of all or part of the revenues derived frog. the operation of the
"j district Ia hospital system. The bondr, may be additionally
secured by a mortgage or deed of trust lien on all or part of
district property.
(c) The bonds must be Issued in the manner provided by
_ i
Sections 6, 10, 11, 12, and 13, County Hospital Authority Act
(Article 4494r, Vernon's Texas Civil Statutes), for Issuance of
revenue bonds by county hospital juthorities.
~ SECTION 7.05. REFUNDING BrNDS. (a) Refunding bonds of the
district may be issued to efund and pay off an outstanding
if
k~ indebtedness the district his issued or assumed.
(b) The bonds must be issued in the manner provided by
r
Chapter 784, Acts of the 61st Legislature, Regular Session, 1969
,
(article 717k-3, Vernon's Texas Civil Statutes).
ra
(c) The refunding bonds may be sold and the proceeds
Y applied to the payment of outstanding Indebtedness or may be
!9!".
exchanged In whole or in part for not less than a similar +
principal amount of outstanding indebtedness. If the refunding
d ri,F T r r:
f'~ FM' "NI bonds are to be sold and the proceeds applied to the payment of r
outstanding Indebtedness, the refunding bonds must be Issued and
a1 e ? , Y r.e
payments made in the manner provided by Chapter S03, Acts of the
54th Legislature, Regular Session, 19SS (Article 717k, Vernon's
Texas Civil Statutes).
SECTION 7.06. INTEREST AND MATURITY. District bonds must
p ° mature not more than 50 years after the date of their Issuance
and must bear Interest at a rate not to exceed that provided by
Chapter 3, Acts of the 61st Legislature, Regular Session, 1959
(Article 717k-2, Vernon'a Texas Civil Statutes).
° SECTION 7.07. EXECUTION OF BONES. The president of the
boars shall execute the bonds in the name of the district, and
E 4`
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i the secretary of the board shall countersign the bonds in the
} manner provided by the Texas Uniform Facsimile Signature of
Public Officials Act (Article 717j-1, Vernon's Texas Civil
1 Statutes).
!yE SECTION 7.OB. APPROVAL AND REGISTRATION OF BONDS. is)
District bonds are subject to the sane requirements with regards
to approval by the attorney general and registration by the
comptroller of public accounts as the law provides for approval
and registration of bonds issued by counties.
(b) On approval by the attorney general and registration by
the comptroller of public accounts, the bonds are Incontestable
for any cause.
d~- `••~SECTION 7.09. BONDS AS INVESTMENTS. District bonds and
indebtedness assumed by the district are legal and authorized
investments fort
(1) banks:
a w; (t) savings bankst
J
a p t (3) trust companless
rb (4) savings and loan assoclationsr
(5) insurance companies;
?.j x 4';',4 (6) fiduclariest
S .
,i (7) trustees) r'
j (6) guardians; and
a ~ F^ l~f 1`~ II'. M1
(9) sinking funds of cities, counties, school district, and
v , other political subdivisions of the state and other public funds
fa of the state and its agencies, including the permanent school.
arm, " fund.
SECTION 7,10. BONDS AS SECURITY FOR DEPOSITS. District
bonds are eligible to secure deposits of public funds of the
y + n8i t~~
cr' F' state and of cities, counties, school districts, and other l
fir` a Y,
(,fa `•`y , political subdivisions of the state. The bonds are lawful and
;L sufficient security for deposits to the extent of their value if
accompanied by all unmatured coupons.
'y°, SECTION 7.11. TAX STATUS OF BONDS. Since the district
created under this Act is a public entity performing an essential
w,r
t
public function, bonds issued by the district, any transaction
is
ry.
,
I
R relating to the bonds, and profits made in the Sale of the bonds
are free from taxatlon by the state or by any pity, county,
special district, or other political subdivision of the state.
ARTICLE S. TAXES
i SECTION 8.01. LEVY OF TAXES. (a) The board ela
levy taxes In an amount not to exceed the limit approved annually
voters at the election authorizing the levy of taxes by the
(b) The tax rate for all I
purposes may not exceed 75 cents
{ on each $100 valuation of all taxable property In the district.
(C) The taxes may be used to pay,
(11 the Indebtedness Issued or assumed by the districtt and
(2) she maintenance and operating expenses of the district.
(d) The district may not levy taxes to pay the principal of
or Interest on revenue bonds issued under this Act.
SECTION 8,02, BOARD AUTHORITY. (a) The board may levy
taxes for the entire year in which the district is created.
(b) The board shall levy taxes on dll-.property in the
district subject to hospital district taxation.
` SECTION 8.01. SETTING OF TAX RATE.
to setting the tax
a
rate, the board shall take Into consideration the Income of the
r
district from sources other than taxation. On determination of
the amount of tax required to be levied, the board shall make the `
I ,
'r = levy and certify It to the tax assessor-collector. i
n
SECTION 8.01.
r„ TAX ASSESSMENT AND COLLECTION. (a) The Tax
f'k Code governs the appraisal, assessment, and collection of
v i, a~F district taxes.
(b) The board may
y provide for the appolntment of a tax
p 11/ , r 2~ i ~ i
MtL }y, assessor-collector for the district or mdy contract for the
" assessment and collection of taxes as provided by the Tax Code,
ARTICLE 9.
MISCELLANEOUS
r SECTION 9.01. LIMITAT:LN ON STATE ASSISTANCE. Tne state
may not become obligated for the support or maintenance of
5 hospital district created under this Act e
, not may the legislature
make a direct approprlatlon for the construction, maintenance, of
improvement of a facility of the district.
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SECTION 9.02. £MEPG£NCY. The importance of this
legislation and the crowded condition of the calendars in both
houses create an emergency and lmperatlve public necessity that
the constitutional rule requiring bi:ls to be read on three
several days in each house be suspended, and this rule is hereby
suspended, and that this Act take effect and be in force from and
after its passage, and it is so enacted.
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1811L
NO.
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND
FREESE AND NICHOLS, INC. FOR ENGINEERING SERVICES AND DECLARING
AN EFFECTIVE DATE.
f THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
1
i '
SECTION I.
Y,
That the City Council of the City of Denton hereby approves
a
eng n agreement between the City and Freese and Nichols, inc. for
May orneern
on _ behalf the
the City.
a i SECTION II.
That the City Council authorizes the expenditure of funds in
'r the manner and amount as specified in the agreement.
SECTION III.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this day of 1987,
Fu 1
13
'P s w r .1
lo, jr 'l L
s
R Y STEM Ss MAYOR
CITY OF DENTON, TEXAS
ATTEST:
r ' 3~'AAIF R L ERS, C CU
r,,CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
h DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
I
f DENTON~ TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200
CITY o
MEMORANDUM
r
.
DATE: May 7, 1987
T0: Rick Svehla, Deputy City Manager
`
FROM: Jerry Clark, City Engineer W, CCJJ
. n!. SUBJECT: Freese 6 Nichols Contract for Updating Master D+'ainage Plan
The contract is broken down into four separate phases.
Phase I: Review of the Storm Drainage Design Criteria: policies
rya • ` t
This section basically applies to our design regulations and w'7 L~l
for design of storm sewer improvements. act This contract will be987urcThe
in the first three months of the cuntr - May through July 1
i ion a rage niteriaTin
y K` .y consultant will basically review the existing storm
nr }
the drainage manual and out existing the exper consultant will look at related lwand oat questionse raised by
wh , + { Engineering section while using the manual
consulting engineers to recommend what revisions for the criteria might
~~~F 4{ A crucial area for the recommendation will be
ompa
appropriate.
inventorying selected cities in the Metro-Ylex to cre our existing
review
and proposed criteria. In This phase they will also the stelae Tw.
work plans for Soil Conservation Service F
f~+,t of the floodplain mapping, those flood control measures
Flood Control Structures, and incorporate re a recormended
into the design criteria. Freese and Nichols will preps
Ae; storm drainage criteria for consideration by the City Council.
11et of
'Ilk .F
° £
Phase II: Revision of the Drainage Design Manual:
a + Once Phase 1 has established criteria, the consultant will prepare +
drainage manualr to not only update it, but
changes to the existing
The original design manual was
a' + } include more state Freese and Nichols •and was based more on the size of of the art 4 i;", .n prepared in 1975 by
Denton then along with the drainage criteria that were oshouldf the
at that time. The consultant will determine which Po
+w ' retained and incorporate revisions that wil A include ge comput rmatt may s be cha ~ solve Storm water manaa% problems. {
i
required to give better descriptions of policies and guidelines to use
for the drainage design procedures. This would address problems that s that were s a r have risen through use of the
maruasat this time. Time frame
fla ' rl needing modification to meet city requirements
for this is July to September 1987.
A'
A•
,4+%
♦/;tip -
page 2 of 2 pages
a
Phase TII: Evaluation of the Regional Stc:m Water Detention Ponds versus Pass
? Through Systems on Hickory Creek:
f
Hickory Creek is basically undeveloped at this time. The consultant
i will look at the entire water shed, run ultimate tevelopment with the
hydrology analysis computation, and estimate what the floodplain would
1 be when the water shed is ultimately developed. A component of the j
ultimate development would be consideration of the detention ponds as a
method of storm water management. A major item that would allow this to
be of use '.or regional detention ponds is the Soil Conservation "
Service's c:.'sting plan set up for approximately 15 dams on Hickory
Creek water shed. Several have been constructed but over 501 remain.
There is a good chance that these could be used as storm water
management for Hickory Creek. This will allow the water shed to '
development without complete concreting of all the major channels. This
will enable Denton to keep this more of a rural and green belt type
environment. This is very important in the areas that have been
designated as an industrial area and major employment center. It will
be extremely impoctant to include green belts. If the evaluation
' reveals that the dams and the detention ponds are not effective$ the
' consultant will prepare a report that outlines what portions of Hickory
Creek sh-)uld be reserved for ultimate development for floodway and
4 ? floodplain. Then we can determine the remaining developable land, We
would ther receive coats for either the channel improvements or the
probable coat for construction of a detention pond -;stem. Time frame -
+ 3 October 1988 to September 1989.
4 ,
1
.pi Phase IV- Revision Update of the Map of 1975 Comprehensive Master Drainage Plan:
rr
ra " `st The first three phases will all be uRee 3n this efforts We have an
r e existing Master Drainage Plan that also was originally done in 1975 by
Pree:+e and Nichols. The expansion of this msster drainage plan will be
F .u., to approximately 133 square miles. Krum city limits have been excluded
„ rt as has the land that will be in Lake Lewisville and the Trinity basin
between Lake Lewisville and Lake Ray Roberts. This will allow our
Xt=F,`r.,, Masten Drainage Plan to correspond with our ortho photographs and
conto:r maps. The main purpose of this is to allow the City of Denton
to have adequate drainage information when evaluating development in the
area, T'tie signification reduces costa for developers when they do not
have to ray for topo'a and complete drainage analysis in these areas.
` A greet deal of DPntcn'a developm:nt in the next few years will occur in
these areas- This information is extremely important. We will receive
a final document that will allow us to run copies of the Master Lrainage
N -
Plan in these areas for anyone who wishes.
One of t sin wishes for this portion of the study, is that members of
I
the Watt. .,•tq Committee recommended that users of thin manual be
assessed a fee to help pay for the cost of the manual. Details of the
manual will show all pipes of 36' and larger in recommended areas for
storm wafer management. To correctly respond to development, this sort
} of information is essentials Time frame - May 1989 to September 1990.
Hopefully, the above is a good description of the basic details of the consultant's
study. If you need further information, please advise.
e
0464E
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AGREEMENT FOR ENGINEERING SERVICES
6
j
STATE OF TEXAS
COUNTY OF Denton (I i
This Agreement made, entered into and executed this the
of day
"1 1111111 , 19 by and between t e y of
Den on, ere na er ca e e NER an reese and Nichols, Inc.,
hereinafter called the ENGINEER acting herein, by and through its
representative, duly authorized so to act for and in behalf of said
ENGINEER.
WITNESSETH, that in consideration of the covenants and agreements
herein contained, the parties hereto do mutually agree as follows:
SECTION I
I.
EMPLOYMENT OF ENGINEER
The OWNER agrees to employ the ENGINEER, and the ENGINEER agrees to perform
+ ! professional engineering services in connection with the Project as stated
x' I in the sections to follow; and for having rendered such services, the
? OWNER agrees to pay to the £HGINEER compensation as stated in the sections
to follow.
. The Project shall include engineering design services required in revising
* r'
the City of Denton's Drainage Design Manual, including an evaluation of the
"A feasib411ty of implementing a regional stormwater detention system on
Hickory Creek and art update and expansion of the Master Drainage Plan.
r e ~ bl lY~»
SECTION It
PERIOD OF SERVICE
This Agreement shall become er'fectiv4 upon execution by the OWNER and the
ENGINEER and shall remain in farce for the period which may reasonably be
required for the design, award of contract, and construction of the Pro-
ject, including Additional Services and any required extensions approved
by the OWNER.
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SECTION III
BASIC SERVICES
The ENGINEER shall render the following professional services for the
development of the Project:
A. PHASE I: REVIEW OF THE STORM DRAINAGE DESIGN CRITERIA ~
S
1. Review the storm drainage design criteria of the 1975
Drainage Manual with the OWNER and identify drainage
related problems that have been experienced by the OWNER and
for which revisions in the drainage design criteria may be
appropriate.
2. Inventory the drainage design criteria for selected cities
within the surrounding area in order to compare the OWNER's
existing and proposed criteria with other standards.
3. Review the current subdivision and land development
regulations with regard to the problems identified in the
' Item A.1 and the proposed revisions of the drainage design
criteria.
r joy
4. Review the status of the floodplain mapping as prepared by
the Federal Emergency Management Administration (FEMA) for
the four major watersheds crossing the proposed area of
study.
'Y 5. Review the status of the work plans (for flood control
structures) of the Soil Conservation Service (SCS) for
Hickory Creek and Clear Creek.
5. Prepare a listing of recommended revisions to the storm
drainage design criteria for review by the OWNER's staff.
7. Meet twice with the OWNER to discuss the recommended
revisions to the storm drainage design criteria.
8. Attend one public hearing concerning the proposed revisions
to the storm drainage design criteria.
9. Prepare a final listing of revisions to the storm drainage
design criteria for review and approval by the OWNER.
B. PHASE 11: REVISION OF THE DRAINAGE MANUAL
1. Review with the OWNER 's staff the preferred format for the
revised drainage manual which will be simplified from the
1975 version of the assnual but will Incorporate applicable
material from the 1975 manual.
y
V ~ ,1
The revised manual will delineate the storm drairage design
criteria, expected results of engineering analyses and
the format by which design data will be presented (rather
than illustrating specific design method).
2. Determine which portions of the 1975 manual will be retained
and reprinted in the revised manual.
i
3. Incorporate the approved revisions in the storm drainage
design criteria with the applicable portions of the 1975
manual and prepare a master text for reproduction.
4. After review and approval of the final draft by the OWNER, '
print fifty (50) copies of the revised Drainage Manual.
C. PHASE III: EVALUATION OF REGIONAL STORM WATER DETENTION PONDS ON
HICKORY CREEK (See Exhibit A)
1. Meet with the OWNER and the SCS to review the progress of the
implementation of the existing work plan for the Hickory
f Creek watershed and determine how the existing data of the
SCS may be integrated into a watershed model which can be
used to evaluate the feasibility of providing regional storm
water control for the watershed. (The SCS does not currently
have a computer model for its work plan.)
j 2. Review the water rights issues which may affect the imple-
mentation of a regional system upstream of Lake Lewisville
i and advise the OWNER of work that may he necessary when a
regional detention pond system is implemented.
3. Review the dam safety regulations which may affect the
existing Class A structures constructed by the SCS and advise
> the OWNER of work that may be necessary when a regional
detention pond system is implemented.
4. Assist the OWNER in evaluating the preliminary engineering
requirements of sites which may be purchased for regional
" detention ponds.
5. Review the HEC-1 flood routing model of Hickory Creek as
prepared by the Corps of Engineers for the 1985 FEMA
evaluation for application in this Project.
6. Prepare a Hydrologic Engineering Cepter (HEC)-1 model for
existing and ultimate watershed development conditions for
the Hickory Creek watershed. The model will be limited to no
more than 25 detention pond sites.
r +i
.3.
i
7. Review the NEC-2 backwater model of Hickory Creek as prepared
by the Corps of Enginears in 1985 to determine the appli-
cability for this project and also to determine the need
for supplemental survey data. The OWNER's surveying staff
will provide the data requested.
t
8. Utilizina the Corps' 1985 HEC-2 model for the main stem of
{ Hickory Creek and the Dry Fork tributary of Hickory Creek,
determir.~ %he differential floodplain for the main stem and
the Dry Fork tributary for the area delineated in Exhibit A
for:
a. Storm discharges from existing and ultimate watershed
development conditions without additional regional
detention pponds in place (other than the existing Class
A SCS damsl, and
b. Storm discharges from existing and ultimate watershed
development conditions with additional regional
detention ponds in place
9. Evaluate the size of the channel improvement in Hickory Creek
that would be reyjired to approximate the same floodplain
width resulting from building a regional stormwater detention
t
system.
10. Prepare an opinion of the probable cost of construction for
the recommended detention pond system and the channel
improvement system discussed in Item C.8 and C.9.
11. Sunnnarize the results in a report and provide to the
OWNER three copies of a draft for review.
(,F +Ptl
12. Incorporate the resulting comments and revisions into the
final draft and print twenty 120) copies.
` 0. PHASE 1V: REVISION AND UPDATE OF THE 1975 COMPREHENSIVE MASTED
a DRAINAGE PLAN (FOR THE WATERSHEDS ABOVE THE DESIGNATED
FLOODPLAINS) (See Exhibit 8) i
The designated floodplain on Hickory Creek will be the alternative
chosen by the OWNER after completion of Phase III. The designated
floodplain for Clear Creek, Pecan Creek and Cooper Branch will be
the FEMA study available at the initiation of this contract.
1. Inventory the existing major drainage facilities in the
proposed study area by assembling the available information
from FEMA, the USGS, the SCS and the OWNER's aerial and
topographic mapping.
lor
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r
2. Visually inspect the structures deemed crucial to the
proposed design and determine the need to obtain field survey
i data for those structures.
r
The OWNER's survey crews will provide the field survey data
identified.
3. Review the land use planning and the zoning for the proposed
study area; and, in coordination with the OWRER's staff,
determine the land use that can be expected for ultimate
viatershed development in the proposed study area.
4. Assemble information concerning existing or proposed major
water or sanitary sewer pipelines and highways or street
bridges that would conflict with proposed drainage
` improvements.
f S. Assemble the information on high water marks and/or drainage
4 problems furnished by the OWNER.
6. Recommend a drainage plan for areas in the proposed study
area delineated in Exhibit B.
si I a. Oefine the sub-watersheds (generally greater than 30
i acres) and determine the acreage in each.
b. Calculate the 100-year storm runoff volumes for the
watersheds assuming fully developed watershed conditions
as identified by the land use plan.
04
a c. Utilizing the slope of the land taken from the available
topographic base mapping provided by the OWNER,
establish a recommended size of enclosed storm drain
larger than 36 inches in diameter concrete-lined open
channel or earthen-lined (naturals channel for the areas
outside of the designated FEMA flood plains.
7. Prepare mapping of the recommended storm dralnxge faci11t1t,
utilizing as the base map the mylars of the 1 • 200
topographic base maps provided by the OWNER. the ENGINEER will
make reproducible mylars from the original maps provided by the
OWNER, The mapping will illustrate the alignment of the proposed
enclosed storm drains or open channels, the drainage area
r boundaries, the acreage of each drainage area, and the calculated
" storm discharge.
The drainage plan will be prepared as an overlay generated
from digital data by either an Intergraph or AutoCad system
and composited photographically with a screened copy of the
topographic base maps provided by the OWNER, Preparation of
wa.
i
the overlay in a digital data form will allow for that
information to be utilized with the digital form of the
topographic mapping at such time as the OWNER has its base
maps digitized or scanned into digital data.
8. Furnish to the OWNER one (1) copy each of the full size and
half siza reproducible mylars of the ma ping referenced in
Item C.1 so that the OWNER can run bluetine copies.
9. Provide 50 bound copies of the half size drawings printed in
one color (black and white).
SECTION 1V
ADDITIONAL SERVICES
Additional services to be performed by the ENGINEER, if authorized by the
OWNER, which are not included in the above described basic services, are
described as follows:
A. Field Surveying required for the preparation of preliminary
<< designs.
B. Making necessary property, boundary and right-of-way surveys,
preparation of easement and deed descriptions, including title
search and examination of deed records.
C. Preparation of applications and supporting documents for govern-
ment grants, loans, or planning advances and providing data for
{ detailed applications.
0. Appearance before regulatory agencies or courts as an expert wit-
ness in any litigation with third parties or condemnation proceed.
ings arising from the development or construction of the Project,
including the preparation of engineering data and reports for
a assistance to the OWNER.
SECTION V
RESPONSIBILITIES OF OWNER
OWNER shall do the following in a timely manner so as not to delay the
services of ENGINEER:
* "a`• A. Designate in writing a person to act as OWNER's representative
with respect to the services to be rendered under this Agreement.
Such person shall have contract authority to transmit instruc-
tions, receive information, Interpret and define OWNER 's policies
and decisions with respect to ENGINEER's services for the Project.
sy,
.6.
s' ~ I
B. Provide all criteria and full information as to OWNER's require-
ments for the Project, including design objectives and con-
straints, space, capacity and performance requirements, flexi-
bility and expandability, and any budgetary limitations; and
furnish copies of all design and construction standards which
OWNER will require to be included in the design.
C. Assist ENGINEER by placing at ENGINEER's disposal all available
information pertinent to the Project including pit)ious reports
and any other data relative to design or construction of the
Project.
i D.
~ Arrange for access to and make all provisions for ENGINEER to
enter upon Public and private property as re uired fo
for q for
f
m NGIN
Pe services under EER to
this Agreement.
E. Examine all studies, reports, sketches, drawings, specifica-
tions, proposals and other documents presented by ENGINEER, obtain
advice of an attorney, insurance counselor and other consultants
as OWNER deems appropriate for such examination and render in
writing decisions pertaining thereto within a reasonable time so
as not to delay the services of ENGINEER,
F. Furnish approvals and permits from all governmental authorities
having jurisdiction over the Project and such approvals and
consents from others as may be necessary for completion of the
Project.
G. Provide such accounting, independent cost estimating and insur-
ance counseling services as may be required for the Project, such
legal services as OWNER may require or ENGINEER may reasonably
request with regard to legal issues pertaining to the Project
including any that may be raised by Contractor(s), such auditing
service as OWNER may require 'to ascertain how or for what purpose
any Contractor has used the monoys paid under the construction
contract, and such inspection services as OWNER may require to
ascertain that Contractor(s) are complying with any law, rule,
regulation, ordinance, code or order applicable to their furnish-
h ing and performing the work.
N. Give prompt written notice to ENGINEER whenever OWNER observes or
E otherwise becomes aware of any development that affects the scope
or timing of ENGINEER's services.
1. The OWNER shall make or arrange to have made all subsurface
investigations, including but not limited to borings, test pits,
soil resistivity surveys, and other subsurface explorations.
OWNER shall also make or arrange to have made the interpretations
of data and reports resulting from such investigations. All costs
associated with such investigations shall be paid by the OWNER.
i
a
J. Research and provide the information specifically identified by
j the ENGINEER in the Scope of Work, including:
a. The applicable subdivision and land use regulations and 1
mapping,
b. The identification of drainage probltms,
c. Designation of ultimate land use for the study area,
d. Location and size of major conflicts such as water and
sanitary sewer pipelines or other utilities,
e. Information on historical high water marks,
f. Field surveying information and reduction of notes as
identified by the ENGINEER, and
g. The legal consultation, appraisals and other efforts needed ,
to determine the feasibility of buying or obtaining easements
w for each probable location of a detention pond.
h. The original mylars of the topographic base mapping.
K. Furnish, or direct ENGINEER to provide, Additional Services as
a , stipulated in Section IV of this Agreement or other services as
required.
L. Bear all costs incident to compliance with the requirements of
' this Section V.
SECTION VI
r± r,. COMPENSATION
A. BASIC SERVICES:
Compensation to ENGINEER for the work defined in Section III shall
be the lump sum a^, w. of $450,000,00, in accordance with the
following schedule:
1 k,a`~t 1986 Fiscal Year S 25,000 (for Phase I and 11)
1988 Fiscal Year $212,500 (for Phase III and part of IV)
r~ 1989 Fiscal Year $212,500 (for completion of Phase IV)
Applicable Federal, State and local are not included in the lump
iSfy, , J ~
sum amounts and will be added to the applicable services and
expenses. However, If the OWNER is exempted by statute from the
requirement of payment of such taxes, no additional payment to
ENGINEER shall be required.
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Progress payments may be requested by the ENGINEER based on the
percent complete. Requests for progress payments will not be more
frequent than monthly.
If OWNER fails to make any payment due ENGINEER for services and
expenses „thin thirty days after receipt of ENGINEER's statement
therefore, the amounts due ENGINEER will be increased at the rate
of 1S per month from said thirtieth day, and in addition, ENGINEER
may, after giving seven days written notice to OWNER, suspend
services under this Agreement until ENGINEER has been paid in full
all amounts due for services, expenses and charges.
B. ADDITIONAL SERVICES:
For additional services in Section IV, except resident represen-
tatfon, the ENGINEER-shall be paid based on the Schedule of
Charges shown in Exhibit C. Payments for additional services
shall be dce and payable upon submission by the ENGINEER.
Statements shall not be submitted more frequently than monthly.
•
SECTION VII `
TIME OF COMPLETION
1 ♦4
,l 1 The ENGINEER will commence work on the Project immediately upon execution
of this contract. The ENGINEER shall complete the work in accordance with
the following schedule and as illustrated on Exhibit D.
PHASE I: REVIEW DRAINAGE CRITERIA (Summer of 1987)
i - 60 days after execution of contract
PHASE II: REVISION OF DRAINAGE MANUAL (Summer of 1987)
- 60 days after approval of drainage criteria
4
;F PHASE III: EVALUATION OF DETENTION PONDS (Fiscal Year 19881
1.
- 330 days beginning October of 1988
PHASE IV: UPDATE MASTER DRAINAGE PLAN (Fiscal Year 1988 and 1989)
s - 540 days beginning April of 1989
This schedule of work for engineering services assumes that each phase of
` the work progresses smoothly into the following phase without substantial
t
r
delay due to public hearings or other conflicts which are not under
i control of the ENGINEER. Such conflicts may cause the schedule to be
revised.
SECTION Vill
9
OPINION OF PR08AKE CONSTRUCTION COST
k The ENGINEER will furnish an opinion of probable construction cost of the
work, but does not guarantee the accuracy of such estimates.
Opinions of probable construction cost, financial evaluations, feasibility
studies, economic analyses of alternate solutions and utilitarian con-
siderations of operations and maintenance cost Qrepared by ENGINEER
hereunder will be made on the basis of ENGINEER s experience and
qualifications and represent ENGINEER's best judgement as an experienced
and qualified design professional. It is recognized, however, that ENGINEER
does not have control over the cost of labor, material, equipment or
services furnished by others or over market conditions or contractor;'
methods of determining their prices, and that any utilitarian evaluatiol of
any facility to be constructed or work to be performed on the basis of the
{ Report must of necessity be speculative until completion of its detailed
design, Accordingly, ENGINEER does not guarantee that proposals, bids or
actual costs will not vary from opinions, evaluations or studies submitted
by ENGINEER to OWNER hereunder.
j
SECTION IX
' E OWNERSHIP OF DOCUMENTS
' I
All documents prepared or furnished by ENGINEER (and ENGINEER's independent
associates and consultants) pursuant to this Agreement are instruments of
service and ENGINEER shall retain an ownership and property interest here-
in.OWNER may make and retain copies for information and reference; how-
ever, such documents are not intended or represented to be suitable for
reuse by 7WNER or others. Any reuse without written verification or adap-
tation Sy OWNER will be at OWNER's sole risk and without liability or legal
exposure to ENGINEER, or to ENGINEER's independent associates or
consultants, and OWNER shall indemnify and hold harmless ENGINEER and
ENGINEER's independent associates and consultants from all claims, damages,
losses and expenses including attorneys' fees arising out of or resulting
therefrom. Any such verification or adoption will entitle ENGINEER to
further compensation at rates to be agreed upon by OWNER and ENGINEER.
-10-
SECTION X
ARBITRATION
asrisin out of,
may includeithetotheriparty Agreement inAgvolvireemng
without their approval.
k
j SECTION X1
~ j
TERMINATION OF CONTRACT
The obligation to provide services under this Agreement may be terminated
by either party upon thirty days' written notice in the event of substan-
tial failure by the other party to perform in accordance with the terms
f thereof through no fault of the terminating
termination, ENGINEER will be paid for all serart. In he vices renderedvand relmny
allsreimbursables expensesincurred
dito the rectly date
attributable termination
terminationaddition,
SECTION XiI
SUCCESSORS AND ASSIGNMENTS
OWNER and ENGINEER each are hereby bound and the partners, successors, a,
I executors, administrators and legal representatives of OWNER and ENGINEER
are hereby bound to the other party to this Agreement and to the partners,
successors, executors, administrators and legal representatives (and said
j assigns) of such other party, in respect of all covenants, agreements and
obligations of this Agreement.
Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights
under or interest in (including, but without limitation, moneys that
become due or moneys that are duel this Agreement witi;out thwrittenmay
consent of the other, except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this 1im;tation may be
restricted by law. Unless specifically stated to the contrary in any
# %;rltten consent to an assignment, no assignment will release or discharge
the assignor from any duty or responsibility under this Agreement. Nothing
contained in this paragraph shall prevent ENGINEER from employing such
independent associates and consultants as LAG1NEER may deem appropriate to
' assist in the performance of services hereunder.
Nothing under this Agreement shall be construed to give any rights or
benefits in this' Agreement to anyone other than OWNER and ENGINEER, and all
duties and responsibilities undertaken pursuant to this Agreement will be
for the sole and exclusive benafit of OWNER and ENGINEER and not for the
benefit of any other party.
~ -11-
1
i
i
SECTION III
I
VNGINEER shall indemnify and save harmless the OWNER and its
officers, agents, and employees from the liability of the OWNER
on account of any injuries or damages received or sustained by
any person or persons or property, including court costs, and
reasonable attorneys fees incurred by the OWNER, proximately
caused by the negligent acts or omissions of the ENGINEER or its
i officers, agents, or employees In the execution, operation, or
performance of this Agreement.
SECTION XIV
i
The following exhibits are attached to and made a part of this
Agreement: 4
Exhibit A: Proposed Areas of Study for Storm Water Detention and
Master Drainav Plan
Exhibit B: Proposed Areas of Study for the Master Drainage Plan
5 r
Exhibit C: Schedule of Charges
! Exhibit D: Schedule of Work:.
This contract is executed in two counterparts.
f
r, IN TESTIMONY HEREOF, they have executed this Agreement, the
day of May, 1987.
ATTEST: CITY OF DENTON, TEXAS, OWNER
t vi
JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS CITY OF~DENTON, TEXAS~
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY r
k ~ CITY OF DENTON, TEXAS
BY: ,r f
ATTEST: FREESE AND NICHOLS, INC.,
t 4, ENGINEER
w t n I1
BY:
w c, ROBERT L. NICHOLS
EXECUTIVE VICE PRESIDENT
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LEGENI
' ' ` /i `a; ' • as r .o ' l muuui 1975 STUDY B
NJ1986 STUDY 8(
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PROPOSED AREA
FOR TH
MASTER DRA NI
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EXHIBIT C
SCHEOULE OF CHARGES
SPECIAL SERVICES
Staff Members
Salary Cost Times Multiplier of 2°3
Salary Cost Is fined as the cost of salaries of engineers, draftsmen,
stenographers, deymen, clerks, laborers, etc., for time directly
chargeable to the project, plus social security contributions, unemployment
compensation insurance, retirement benefits, medical and insurance
benefits, bonuses, si,:k leave, vacation and holiday pay applicable
thereto (Salary Cost is equal to 1.3845 times salary, payments. This
factor is adjusted annually.)
Other Direct Expenses Actual Cost Times Multiplier of 1.15 ,
Other direct expenses shall include printing and reproduction expense,
communication expense, travel, transportation and subsistence away fron
Fort Worth and other miscellaneous expenses directly related to the work,
including costs of laboratory analysis, tests, and other work required to
„A be done by independent persons or agents other than staff waters.
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DATE: May12, 1j987
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd Harrell, City Manager
SUBJECT: CONSIDER ORDINANCE FOR OVERSIZE AGREEMENT KITH TfASIEY
ROAD ASSOCIATES FOR A NEW SEWER LINE CROSSING AT ~►'W LOOP
288 (WEST GREENFIELD WOODS). j
I
:
RECOMMENDATION:
The Public Utilities Board, at their meeting of April 14,
1987, recommended to the City Council approval of this sewer
line oversize agreement due to demands imposed by this and
potential development in this area. This request is only for
that portion of the sewer line crossing the new Loop 288 (see
Exhibit 1).
SUMMARY:
In order to service this proposed development, a 10" sewer
` line is required, whereas to serve the natural drainage in
this area, the City would require a 1S" sewer line. The
developers approached the City for permission to install only
the Loop 286 crossing at this time, and postpone extension
until such time his tract is ready to develop. Consequently,
this request concerns only the crossing.
In view of the ongoing Loop 288 construction, the developer
did not have sufficient to formally complete the oversize
agreement, and undertook to install the crossing before this
agreement can be formally approved by the City. The sewer
line crossing had been already installed and accepted by the
City.
BACKGROUND:
The proposed development is located north of the new Loop 288 I'
between Mingo and Sherman.
,w - PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The City of Denton, present/future developers, Legal
Department, and the citizens.
,f
}
f'
i
j
Page 2
s FISCAL IMPACT:
15" sewer line including 14" casing,
and appurtenances - 460 feet $31,023,00
10" sewer line, Including 16" casing k
and appurtenances - 460 feet (19,027.00)
Estimated cost to City (difference of 15" 8 10") $110996,00
In FY 87, $200,000 has been budgeted for oversize sewer
lines. $22,434 is still to be obligated.
Source of Funds: 624-008-0471-9138
Respectfully submitted,
.1 ! t
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Ci Manager
s a d Prepared by:
' v am, rector
C, avid Water/Wastewater Utilities
r-
Ap oved,
e son, Executive
'
' Director of Utilities
rd Exhibits I Ordinance
` 11 Location Map
Minutes of PUB meeting of April 14, 1987
d,
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48650:10.11
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NO.
I AN URDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN
THE COST OF INSTALLING AN OVERSIZED SEWER MAIN; AUTHORIZING THE
MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton wishes to enter into an agreement
to participate in the cost of providing an oversized sewer main;
and
WHEREAS, the Code of Ordinances requires that the City Council
approve all expenditures $10,000 or more and Section 2.09 of the
C ty Charter requires every act of the Council providing for the
expenditure of funds or for the contracting of indebtedness shall
be by ordinance; NOW, THEREFORE,
" THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby approves the Sewer
Main Participation Agreement, attached hereto, between the City
and Teasley Road Associates Six (West Greenfield Woods) to
n provide for the City's participation in the cost of providing an
oversized sewer main in accordance with said agreement and the,
Mayor is hereby authorized to execute the agreement on behalf of.
} the City.
SECTION II. That the City Council authorizes the expenditure
of funs n t e manner and amount as specified in the agreement.
SECTION III. That this ordinance shall become effective
imme ate y upon its passage and approval.
PASSED AND APPROVED this day of , 1987.
:f
RA PHENS, NA• UR
' CITY OF DENTON, TEXAS
ATTEST:
. JENNIFER , CITY SECRETAR(
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BYs LAU
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THE STATE OF TEXA S SEWER MAIN COST PARTICIPATION
i AGREEMENT BETWEEN THE CITY OF DENTON
AND TEASLEY ROAD ASSOCIATES SIX
COUNTY OF DENTON ; (WEST GREENFIELD WOODS)
WHEREAS, Teasley Road Associates Six (West Greenfield
Woods), hereafter referred to as "Developer," whether one or
more, whose business address is P. 0. Box 117, Denton, Texas
76201, wishes to develop and improvc certain real property
located in the City of Denton, Texas or its extraterritorial
jurisdiction, and is required to provide such property with
adequate sewer by designing, constructing and installing a sewer
main of a minimum inside diameter of ten inches (10"), hereafter
referred to as "required facilities"; and
WHEREAS, the City of Denton, Texas, a municipal corporation
located at 215 E. McKinney, Denton, Texas 76201, hereafter
referred to as "City," in accordance with its ordinances, wishes
to participate in the cost of the construction and installattun
' of said sewer main to provide for an "oversized" sewer main to
expan.t its utility system and insure adequate utility service to
other cWoners;
NOW, THEREFORE, in consideration of the mutual promises and
cuvenants contained Herein, Developer and City agree as follows:
r 1. Developer shall design, install and construct a fifteen
s inch (15") sewer main and all necessary appurtenances thereto, i
hereafter referred to as "oversized facilities,", located as
shown on Attachment 11, attached hereto and incorporated herein
by reference.
2. Prior to beginning construction of the oversized facil-
ities, Developer shall enter into a Development Contract, as
required by Appendix A of the Code of Ordinances of City. This
agreement shall be subject to and governed by such Development
Contract, which is incorporated herein by reference, and any
other applicable ordinances of City,
3. Prior to beginning construction of the oversized facil-
sties, Developer shall obtain, at Developer's sole cost and
expense, all necessary permits, licenses and easements, if
easements are needed, the deeds therefore obtained by Developer
shall be reviewed and approved as to form and substance by City
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4.
J.! rya r A
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prior to the beginning of construction. If Developer is unable
to acquire needed easements, Developer shall provide City with
any requested documentation of efforts to obtain such easements,
including evidence of negotiations and reasonable offers made to
the effected property owners. Any easements for the oversized
facilities obta`ned by the Developer shall be assigned to City,
if not taken in City's name, prior to acceptance of the over-
sized facilities, and Developer warrants clear title to such j
easements and will d-fend City against any adverse claim made
against such title.
4, The City's share in the cost of the oversized facilities,
based upon the difference in the cost of installing required
facilities, as determined by City by public bids on the same or
similar projects on a per linear foot basis, and the cost of the
oversized facilities, as determined by the City, based upon the
amount of a bid from the lowest responsible bidder on the came or
similar oversized facilities, shall be in an amount not to exceed
Eleven Thousand Nine Hundred and Ninety-six Dollars ($11,996.00),
and City shall not, in any case, be liable for any additional
cost because of delays in beginning, continuing or completing
construction; changes in the price or cost of materials, supplies,
or labor; unforeseen or unanticipated cost because of topography,
soil, subsurface, or other site conditions; differences in the
calculated dnd actual per linear feet of pipe or materials needed
for the oversiz%d facilities; Developer's decision as to the
contractors or subcontractors used to perform the work; or any
othee reason or cause, specified or unspecified, relating to the
construction of the oversized facilities.
5. Within thirty i30) days of the acceptance of the facilities
by the City, Developer shall submit to the City's Director of
Utilities the actual cost of the oversized facilities. Should
the actual cost of the oversized facilities be less than the cost
on which the City's share was determined, the City's share of the
cost shall be reduced proportionally, on a per linear foot basis,
based upon the difference of the actual cost of the oversized
facilities and the determined cost for
required facilities. To
determine the actual cost of the oversized facilities, City shall
have the right to inspect any and all records of Developer, his
agents, employees, contractors or subcontractors and shall have
the right to require Developer to submit any necessary inEorma-
tion, documents, invoices, recelpts or other records to verify
the actual cost of the oversized Eacilitles.
i
6. Within thirty (30) days of the date the Developer has
submitted satisfactory documentation of the actual cost of the
oversized facilities, as determined by City, City shall pay to
Developer its share of the cost thereof. -
SEIVER MAIN COST PART ICIPATION/TEASLEY ROAD ASSOCIATES SIX (WEST
GREENFIELD WOODS)/PAGE 2
7.
r
i
j 7. All notices, payments or communications to be given or
} made pursuant to this agreement by the parties hereto, shall be
3 sent to Developer at
the
business address given Director of Utilities for the City at the address agiven aabove.the
8. Developer shall indemnify and hold City harmless fr
and all claims, damages, loss or liability of a from any
ever,
ever, by reason of Injury to propert or any occasioned kind whatso-
any act or omission, neglect or wrongdoiof persons Developer, is
officers, agents, employees, invitees, contractors other
persons with regard to the performance of this agreement, and
Developer will, a its own cost and expense, defend and protect
City against any and all such claims and demands.
9. If Developer does not begin substantial construction of
the oversized facilities with+.n twelve (12) months of the
{ effective date of this agreement, this agreement shall terminate, j
10. This instrument embodies the whole agreement o }
f parties hereto and there are no promises, terms, conditions or
obligations other thati those contained herein. This agreement
E, shall supercede al? previous communications, representations or
agreements, either vorbal or written, between the parties hereto.
11. This agreement shall not be assigned by Developer without
r the express written consent of City. N.
L4, Any and yll suits for any breach of this contract, or any
other suit fsr~S•ining to or arising out of this contract, shall
be brought and maintained in a court of competent jurisdiction
in Denton County, Texas.
4
fExecuted this the day of -o 1987.
TEASLEY ROAD ASSOCIATES SIX,
k (NEST GREENFIELD HOODS), OWNER
,r
ATTEST:
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R i
7 w ~fi Y .i,t:~
SECRETARY
r ,ti n
SEWER MAIN COST PARTICIPATION/TEASLEY ROAD ASSOCIATES SIX (WEST
GREENFIELD WOODS)/PAGE 3 ;
M1
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CITY OF DENTON, TEXAS
r
BY:
1
ATTEST: CITY OF DENTON, TEXAS SECPSTA
JENNIFE
APPROVED AS TU LEGAL FUkbl:
DEdKA ADA.kII DRAYOVITCH, CITY ATTURNEY
CITY OF DENTON, TEXAS
~ v r t. ' y > P,' ,
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SEWER MAIN COST PART ICIPATION/TEASLEY ROAD ASSOCIATES SIX {WEST
GREENFIELD WOODSMAGE 4
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EXCERPT
PUBLIC UTILITIES BOARD MINUTES OF
April 14, 1987
a
d
7. CONNSIIhEER ORDINANCE FOR OVERSIZE AGREEMENT WITH TEASLEY ROAD
In order to service this proposed development, a 10" sewer line
is required, whereas to serve the natural drainage In this area,
! the City would require a 15" sewer line. The developers
approached the City for permission to install only the Loop 288
crossing at this time, and postpone extension w;ti! such time
his tract is ready to develop. Consequently, this request
concerns only the crossing.
' In view of the ongoing Loop 288 construction, the developer did s
not have sufficient to formally complete the oversize agreement,
and undertook to install the crossing before this agreement can
be formally approved by the City, The sewer line crossing had
f v
been already Installed and accepted by the City.
The proposed development is located north of the new Loop 288
' between Mingo and Sherman.
Fiscal Impact:
rJ 15" sewer line including 24" casing,
and appurtenances - 460 feet
$31,023.00 44 10" sewer line, including 16" casing
and appurtenances - 460 feet
r (19,017,00)
Estimated cost to City (cliff. of 15" 6 1011) $111996.00
1
In FY 87, $200,000 has been budgeted for oversize sewer lines,
$22,434 Is still to be obligated.
I
Source of Funds: 624.008-0471-9138
4 r
4
e II
1
&aACHMENT 2
'GREENFIELD WOODS WEST
r 15" SEWER CROSSING LOOP 288 '
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EXHIBIT
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GREENFIELD WOODS WEST
15" SEWER CROSSING LOOP 288
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DATE: May ,,V, 1987
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
:
4 FROM: Lloyd Harrell, City Manager
SUBJECT: CONSIDER ORDINANCE ACCEPTING ENGINEERING AGREEMENT WITH
{ FREESE 6 NICHOLS, CONSULTING ENGINEEFS, FOR. RAW WATER
`i PUMP AND HIGH SERVICE PUMP DESIGN AND INSTALLATION.
RECOMMENDATION:
The Public Utilities Board, at their meeting of April 14,
1987, recommended to the City Council approval of the proposal
of Freese and Nichols, Consultino Fngineers, in the amount as
specified in payment schedule for raw water pump and high
service pump design and installation
GY
SUMMARY:
{ The addition of a new 9 MGD finished water pump and the
replacement of a 6 MGD with at least an 8 MGD raw water pump
are critical for the operation of the upgrade of the water
plant from 24 MGD to 30 MGD water production capability,
r'
BACKGROUND:
N The present maximum pumping capability of the water treatment
plant finished water is 33 MGD. The State Health Department
requires a firm pumping capability equal to system demand.
The 0#ate defines firm pumping capability as maximum ppumpi
D)
capability minus the capability of the largest pump i9 MGng
out of service for repairs, Presently this amounts to 24 MGD
firm capacity, or 6 MGD below State standards for the upgrade
of the water treatment plant to 30 MGD. Therefora, there is a
10" 1, "J, need for a new finished water pump, of at least 6 MGD. This
proposal is to install a now 9 MGD pump which will provide a {
i firm capability of 33 MGD. II
The same standard applies for the raw water pumping
capability. The present capability is 30 MGD with a firm
capability of 12 MGD, The replacement of a larger pump will
move the firm capability closer to 30 MGD. Both pumps are
Capital Improvements Plan approved projects,
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The City of Denton Municipal Utilities, City of Denton.
{
1
{ Page 2
FISCAL IMPACT:
Proposal Cost of Agreement - as specified in payment scbedvle. }
Budgeted FY 88 Capital Improvements Plan $240,000
Construction and Engineering for Raw Water Pump
Budgeted FY 88 Capital Improvements Plan $1509000 j
Construction and Engineering for Finished Water Pum7
6
Source of Funds 0623-008-0460-9101
Resdly su bmitted:
al
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o re 111 f
Cit Manager
p,,:', Prepared by:
C David am, rector
Water/Wastewater Utilities
R 1
Approved:
s;
a Nelson, Executive Director of Utilities
1 I
y „ rr~Y
Exhibit: I Ordinance
II Contract Freese 6 Nichols, Inc,
III Minutes of PUB Meeting of April 14, 1987
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48650:1-2
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1617L
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No.
f
AN ORDINANCE APPPOVIN'G A CONTRACT HETVFEN THE CITY OF DFNTON AND
FREESE AND NIChOLS, INC. FOR ENGINEERING SERVICES AND DECLAPIN'G
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DEMON hERERY OPDAINS:
SECTION 1.
That the City Council of the City of Denton hereby approves
an agreement between the City and Freese and Nichols, Inc. for
engineering services in accordance with said agreement and the
Mayor is hereby authorized to execute the agreement on behalf of
the City.
'I SECTION II.
e.
That the City Council authorizes the expenditure of funds in
the manner and amount as specified in the agreement.
~y
E
SECTION III.
+'t" r That this ordinance shall become effective immediately upon
5 its passage and approval,
PASSED AND APPROVED this day of 1987.
'N }
I
~4i 1 ^J, t
CITY OF DFNTON, TEXAS
4
ATTEST:
~'E E
JLA~
"a`•?,v CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
' DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY
CITY OF DFNTON, TFXAS
",Iti y':ak, r
9 N
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1711 J~A my-?
By: %
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THE STATE OF TEXAS S AGREEMENT BETWEEN THE CITY OF
DENTON TEXAS AND FREESE AND NICHOLS,
COUNTY OF DENTON S INC. FOR ENGINEERING SERVICES
Tnis Agreement made, entered into and executed this the
day of , 14870 by and between the City of Denton,-
hereinafter called the "OWNER" and Freese and Nichols, Inc.,
hereinafter called the "ENGINEER" acting herein, by and through
its representative, duly authorized so to act for and in behalf
of said ENGINEER.
WITNESSETH:
f
That in consideration of the covenants and agreements herein
contained, the parties hereto do mutually agree as follows:
SECTION I.
e
EMPLOYMENT OF ENGINEER
T~ The OWNER agrees to employ the ENGINEER, and the ENGINEER
e
x. agrees to perform professional engineering services in connection
with the Project as stated in the sections to follow; and for
„ having rendered such services, the OWNER agrees to pay to the
w ENGINEER compensation as stated in the sections to follow.
t Tne Project shall include engineering design services
A required to prepare plans and specifications for the construction
`4. 0 of a new high service pumping unit and new raw water pumping unit
j' for Denton Water Treatment Facilities.
a%
r, SECTION II.
lw .,.J
PERIOD OF SERVICE
" This Agreement shall become effective upon execution by the
OWNER and the ENGINEER and shall remain in force for the period I
which may reasonably be required for the design of the pro ect I
r Including Additional services and any required extensions i
M
approved by the OWNER.i
SECTION 111.
t 3`
BASIC SERVICES
5t
The ENGINEER shall render the following professional services
for the development of the Project:
f ;
i •
S
f
,
A. High Service Pum in Units: Prepare plans and spe,~ifica-
t ohs or t j purchase and installation of High Service
Pumping Unit No. 6 to be installed in the existing high
service pump station. The proposed pump will be similar
to existing Pump No. 5 with respect to pumping capacity
and total dynamic head conditions. In addition, the
following specific tasks will be performed in connection
with the design. j
1. Prepare separate plans and specifications for the pre-
purchase of the pumping unit, check valve and pump j
control valve. Ik
2. Prepare separate plans and specifications for instal- j
lation of the pre-purchased equipment and construction
of additional piping, electrical and instrumentation
work required in connection witn the pumping unit.
t.. Estimated
Time Required (Hrs)
Principal-in-Charge 2
Project Manager 12
Project Engineer 126
t Technician 60
Clerical 36
Expenses $800
K
^ B. Raw Water Pumping Unit: Prepare plans and specifications 9
for the replacement of existing Raw Water Pump No. 3 and
related valves, piping and electrical equipment with a
new, minimum 8 MGD raw water pump and appurtenances. In
addition, the following tasks will be performed in
z " connection with the design:
1. Analyze the hydraulic ca acity of the existing raw
water pipelines and determine the maximum capacity pump
that can be installed in the pumping system. The City
!4, of Denton will perform C•factor testing of the existing
piping system and provide the information to the
Engineer for the hydraulic analysis. Prepare and submit
to the City a letter report outlining the findings of
the analysis.
2. Prepare separate plans and specifications for the pre-
purchase of the two-speed pumping unit, check valve and
pump control valve.
3. Prepare separate plans and specifications for the
installation, of the pre-purchased equipment and
construction of piping, electrical and instrumentation
` work required in connection with the pumping unit.
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PAGE 2
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4. Analyze the capacity of the existing pump station surge
control valve and prepare plans and specifications for
replacing the valve, if required. Tnis item will be
incorporated in the plans and specifications under
Pdragraph 2.b, if required.
i~ Estimated
Time Required (Hrs)
i Principal-in-Charge 4
Project Manager 14 1
Project Engineer 152
Technician lUU
r
Clerical 36
Expense- $745
C. Assist the City in advertising each separate project,
assist the City in receiving bids, evaluate the bids
received, Make recommendations for contract award, and
conform documents for contract execution.
5 '
Estimated
Tf Time Required (Hrs)
Project Manager 10
Project Engineer 84
Clerical 4
Expenses $120
D. Conduct pre-construction conference for the installation
gr
contracts and furnisli general representation relating to w
J
site visits lone visit per month), processing of pay
lY estimates, and shop drawing review in accordance with the
requirements of the General Conditions of the construction
y
r contract documents during construction.
Estimated
Time Required (Hrs)
's a r` Project Manager 16 +
Project Engineer 88
1„~ t Expenses $160
SECTION IV.
COMPENSATION
r' Freese and Nichols agree.; to perform the services outlined
rFj. under the Scope of Work on the basis of salary cost plus the cost
of salaries of staff personnel for time directly chargeable to
the project times a multiplier of 2.5, and direct oxpense in
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1
.
accordance with the Freese and Nichols, Inc. Is established
hourly rates (Attachment A), The projected fee for services is
$37,100,00, based on estimated workhours and expenses described
herein. The actual fee will be based on actual salary costs and
expenses chargeable to the project using the multipliers
described above. Salary cost and expenses are as defined below:
A. Salary Cost: Salary Cost is defined as the cost of
solar es o engineers, draftsmen, stenographers, survey
men, clerks, laborers, etc., for time directly chargeable
:o the project, plus social security contributions, unem-
ployment compensation insurance, retirement benefits,
medical and insurance benefits, sick leave, vacation ahd
holiday pay applicable thereto. (Salary Cost is equal to
1.39 times salary payments. This factor is adjusted
annually),
B. Other Direct Expense: Other direct expenses shall include
,:omputer pr nti:,g and reproduction expense, communication
expense, travel, transportation and subsistence away from
Fort Worth and other miscellaneous expense directly related
to tha work. Any applicable taxes are not included in the
lump sum amount and will be added to the applicable ser-
vices and expenses. However, if the OWNER is exempted by
statute from payment of such taxes, no additional payment
to ENGINEER shall be required,
SECTION V.
W
ADDITIONAL SERVICES
i
t~ Additional services to be performed by the ENGINEER, if
authorized by the OWNER, which are not Included in the above
described basic services, are conducting witness testing for the
pumping units. Fees for such additional services are not
included in this contract. Payment for any such services shall
be based upon the charges shown in Exhibit A.
SECTION VI.
RESPONSIBILITIES OF OWNER
OWNER shall do the following in a timely manner so as not to
delay the service of ENGINEER:
A. Designate in writing a person t OWNER's re resen
tative with respect to the services to be rendered under
this Agreement. Such person shall have contract authority
to transmit instructions, receive information, interpret
sa and define OWNER's policies and decisions with respect to
ENGINEER 's services for the Project.
y PAGE 4
Y
B. Provide all criteria and full information as to OWNER's
requirements for the Project, including design objectives
and constraints, space, capacity and performance require-
ments. flexibility and expandability, and any budgetary
limitations; and furnish copies of all design and
construction standards which OWNER will require to be
included in the design.
C. Assist ENGINEER by placing at ENGINEER's disposal all
available information pertinent to the Project including
previous reports and any other data relative to design or
construction of the Project.
1 SECTION VII.
TIME OF COMPLETION
The ENGINEER will commence work on the Project immediately
upon execution of this contract. The ENGINEER shall complete the
work within 90 days after authorization to proceed.
SECTION VIII. ,
' INDEMNITY AGREEMENT
r
ENGINEER shall indemnify and save harmless the OWNER and its
officers, agents, and employees from the liability of the OWNER
` on account of any injuries or damages received or sustained by
any person or persons or property, including court costs and
reasonable attorneys fees incurred by the OWNER, proximately
caused by the negligent acts or omissions of the ENGINEER or its
officers, agents, or employees in the execution, operation, or
performance of this Agreement.
In the event of liability from suits, actions or claims arising
out of or occasioned by the negligence of both the ENGINEER and
wa° OWNER, their agents or employees, in the performance of this
Agreement, each party ,all contribute toward the satisfaction of
the liability its proporvionate share, which share shall be equal
" to the percentage of negligence attributable to the party.
i
t.
SECTION IX.
w, ARBITRATION
No arbitration arising out of, or relating to, this Agreement
involving one party to this Agreement may include the other party
to this Agreement without their approval.
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SECTION X.
TERMINATION CP CONTRACT
The obligation to provide services under this Agreement may
be terminated by either party upon fifteen days written notice in
the event of substantial failure by the other party to perform in
accordance with the terms thereof through no fault of the
terminating party. In the event of any termination, ENGINEER
will be paid for all services rendered and reimbursable expenses
incurred to the date of termination and, in addition, all C
reimbursable expenses directly attributable to termination.
SECTION XI.
SUCCESSORS AND ASSIGNMENTS
UWNER and ENC'.NEER each are hereby bound and tLe partners,
" successors, executors, administrators and legal representatives
of OWNER and ENGINEER are hereby bound to the other party to this
Agreement and to the partners, successors, executors, administra-
tors and legal representatives (and said assigns) of such other
party, in respect of all covenants, agreements and obligations of
this Agreement.
r-1
i Neither OWNER nor ENGINEER shall assign, sublet or transfer
any rights under or interest In (including, but without limita-
tion, moneys that may become due or moneys that are due) this
Agreement without the written consent of the other, except to the
extent that any assignment, subletting or transfer is mandated by
' law or the effect of this limitation may be restricted by law.
a`o Unless specifically stated to the contrary in any written consent
to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under this Agreement.
" s. Nothing contained in this paragraph shall prevent ENGINEER from
employing such independent associates and consultants as ENGINEER
may deem appropriate to assist in the performance of services
hereunder.
Nothing under this Agreement shall be construed to give any
rights or benefits in this Agreement to anyone other than Owner
` and ENGINEER, and all duties and responsibilities undertaken
pursuant to this Agreement will be for the sole and exclusive
benefit of OWNER and ENGINEER and not for the benefit of any
other party.
This Agreement (consisting of pages one to seven inclusive)
constitutes the entire Agreement between OWNER and ENGINEER and
supersedes all prior written or oral understandings. This Agree-
ment may only be amended, supplemented, modified or cancelled by
a duly executed written instrument.
p
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Tnis contract is executed in two counterparts.
IN TESTIMONY HEREOF, we have executed this Agreement, the
day of , 1987.
ATTEST CITY OF DENTON, TEXAS, OWNER
MAYOR
JENNIFER WAITERS By. RAY TE E ,
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH N
CITY ATTORNEY
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LBY:
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F ATTEST FREESE AND NICHOLS, INC.,
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ENGINEER
BY:
ROBERT L. NICHOL
EXECUTIVE VICE PRESIDENT
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ATTACHMENT A
SCHEDULE OF HOURLY RATES
Classification liourly Rate
Principal-in-Charge $37.50
Project Manager 23.15
Project Engineer 14.60 1
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Technician 9,15
Clerical 8.75
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DATF: May 12, 1987
CITY COUNCIL AGENDA 1TFA l JJ
TO: MAYOR AND MEMBERS OF THE CI'1Y COUNCIL
? FROM: Lloyd Harrell, City Manager
SUBJECT: CONSIDER ORDINANCE APPROVING A CONTRACT WITH THE TEXAS
WATER DEVELOPMENT BOARD FOR FUNDING ASSISTANCE !•-OR A
W,1TER/WASTEWATER STUDY OF DENTON COUNTY
i
RECIOMMENDA!ION:
The Public Utilities Board, at their meeting of January 14,
1987, recommended to the City Council approval of this
contract; the City Council approved the contract on February
31 1997, ordinance #87-025. Subsequently, the TWDB approved
the contract, but made some minor changes involving fee
structure of the consultant. Therefore, it 's necessary to
review and consider the revised contract. The City Attorney
has reviewed the changes and approves of such changes.
SUMMARY:
This Contract provides for 501 (up to $125,000) of the funding
r x' for the water/wastewater study for Denton County. The
contract establishes certain requirements and expectations of
Denton by the Texas Water Development Board (TWDB) in return
for this funding. These requirements will be met by a
s contract that the County is entering into with Espey, Huston F,
Associates, Inc. The City of Denton and Denton County have
entered into a contract wherein Denton has assigned these TWDB
requirements ind funds to Denton County.
BACKGROUND:
y,'' °,<< r A Committee consisting of representatives from 21 cities,
towns, and water suppliers has been formed to study the
long-term supply, treatment, and transmission of water and the
collection and treatment of wastewater for Denton County.
This Committee has recommended and the County has contracted
with Espey, Huston & Associates, Inc., to conduct the study
which is now underway. The City of Denton, on behalf of the
Committee and Denton County applied for and received this ;
grant from the TWDB to help pay for the study. Denton County,
according to State Law, was not able to apply for the t,rant
" because it is not a supplier of water.
PROGRAMS, DEPARTMENTS OR GROUPS AFFFCTED:
. III
The City of Denton, Denton County, )ther Denton County Cities
and Water Suppliers.
i
Page 2
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FISCAL IMPACT:
The $125,000 TWDB grant is expected to finance SO% of the
study which in turn could save Denton approximately $5,000.
1
Xully submitted:
L o Harrell
City Manager
Prepared by-
Nelson, Executive
Director of Utilities
~ r Approved. A~~
e sot.,r xecutive
Director of Utilities
lt3i j Exhibit: I Ordinance and Contract with Texas Water Development
r } Board.
II Participating Agencies and Fntities
III ,ontract between Denton County and Espey, Huston
` Associates
IV Minutes of PUB meeting of January 14, 1987
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4865U,.12.13
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NO.
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE. CITY OF DENTON,
ET AL AND THE TEXAS WATER DEVELOPMENT BOARD; APPROVING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby approves and
authorizes h Mayor and City Secretary to execute and attest,
respectively, the agreement between the City of Denton, et at
and The Texas Water Development Board, relating to a regional
water supply and wastewater services planning study under the
terms and conditions being contained in said agreement which is
attached hereto and made a part hereof.
SECTION It. That the City Council authorizes the
expenditure o funds in the manner and amount as specified in
ra the Agreement.
SECTION III. That Ordinance No. 87-025 is hereby, in al,
things, repealed-.
SECTION IV. That this ordinance shall become effective
ka~' ;s immediate y upon its passage and approval.
PASSED AND APPROVED this the day of 1987. `
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RAY SIEPHENSa MAYOR
CITY OF DENTON, TEXAS
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ATTEST:
L ~ h
JENNIFER WALTERSj MY SnT 1, E
`bCITY OF DENTON, TEXAS E W
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITC% CITY ATTORNEY
CITY OF DENTON, TEXAS ,
BY: 6ka-00
74DB Contract No. 55-71028
S'L'ATE OF TEXAS Texas Water Development Board
and
COUNTY OF TRAVIS City of Denton
WHEREAS, the City of Denton applied for a Texas Water Development Board,
hereinafter temoned the Board, planning grant on behalf of the Denton County
Water for the ltiture Committee which presently consists of the Bartonville
Water supply Corporation, Town of Bartonville, City of Carrollton, City of The
Colony, Torn of Copper Canyon, City of Corinth, City of Dallas, City of I
Denton, County of Denton, Town of Flower M und, City of Highland Village, Lake
Cities Mmicipel Lkility Authority, City of Lewisville, Town of Little Elm,
Town of Paden City of Sanger and TSi Incorporated Water Company;
' WHEREAS, the participating entities in the Denton County Water for the y
Future Committee have agreed to commit funds to pay for the local share of the
planning project, as reflected in exhibit A; r
WHEREAS, the City of Denton as representative of the Denton County Water
For the Future Committee, is the entity d1o will act as administrator of the
Board's planning grant and will be responsible for the execution of this
contract; and
WHEREAS, on November 20, 1986, the Board approved the application for
financial assistance; {
NOW THEREPORE, the Board and the City of Denton, for the mutual considera-
1
tion stated, agree and understand as followst
t WITNESSM
I. PROJECT DESCRIPTION AND SERVICES TO BE PERFORM BY THE CITY OF DE"
As a joint and cooperative undertaking with the Board, to be financed
jointly as hereinafter specified, the City of Denton will conduct a regional
water supply and wastewater services planning studies for the City of Denton
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and the balance of Denton County, excluding an area south and southwest of
Denton Creek.
Services and activities provided shall be in strict accordance with re-
quirements of the Texas water Code, Chapter 15; associated rules of 31 Texas
Administrative Code, Chapter 355; Attachment A, the original grant applica-
tirin, which is made a permanent part of this contract; and with the following
procedures and project descriptions:
i
1. It shall be the responsibility of the City of Denton to establish
I
formal and direct liaison with the entities listed in Exhibit B; the
directors of utility districts within the service area that have
notified the City of Denton of their interest in the project;
17~ appropriate officials of the Cities of Dallas and iewisviller the
North Texas Minicipal Water District, and the Trinity River Authority;
and community leaders in the proposed service area for the purpose of
coordinating the work of the planning study and to acquire available '
data pertinent to the planning effort. Planning shall be coordinated
E with all existing water supply and wastewater treatment studies and
! activities for the purpose of providing information for the proposed
• j a`
project. As the organizing entity, the City of Denton has the
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' responsibility to solicit comments from the general public as to the
content of the planning project.
2. The project will produce a feasibility study for regional water supply
and wastewater service systems for a service area which is defined as
all of Denton County, excluding the area south and southwest of Denton
Creek. The feasibility study, which is described In retail in Exhibit
C, wills
A. Develop a consrevation plan for the service area to emphasize more
efficient use of water resources.
-2-
B. Determine present and potential water and wastewater demands for
the years 1986 through 2019 for all cities, unincorporated areas,
and water service providers in the planning area.
C, Determine present entities, systems for water and wastewater ser-
vice, and water resources available in the planning area.
D, Analyze most feasible organizational arrangements to provide water
and wastewater services within the planning area, specific
j alternatives to be considered will includes
1. Expansion of {
presently adopted service areas (with agreement
fr3m entities) of Cities of Denton and Lewisville.
2. Creation of new regional entities (e.g., water districts),
3. Service from existing entities which may or may not presently
ii provide service within the planning area (e.g., Trinity River
Authority),
E. Conduct interviews with established entities to ensure conceptual
agreement with proposed roles in regional service plans.
F. Prepare preliminary cost estimates and implemc:tation schedules
for recommended service alternatives,
0. Provide recommendations for financial and legal strategies for
` kr`
funding initial construction costs and annual operation and main-
tenance costs. Estimates of potential customer rates under
recommended alternatives will he included.
H. Identify probable initial capital cost
participation and contin-
uing contractual relationships between suppliers and customers
under recommended alternatives.
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3. The study will review the relevant portions of the City of Dallas'.
master planning effort that address water supply treatment and
delivery to the study area.
4. The project will include coordinating the water supply and wastewater
system plans and policies with existing plans and policies of entities
listed in Exhibit Be the County, and the state.
E
II. PROJECT SCHMME AND REPORTS
The term of this contract shall begin and the City of Denton shall begin f
performing its obligations hereunder on February 4, 1987. The City of Denton
shall complete the work program stated in Article It above, not later than jj
August 310 1987, unless such date is extended as provided below, at which time
the City of Denton shall deliver a draft final report. After a thirty-day
review period, the draft final report together with review coaroents will be
w
returned to the City of Denton. A final report incorporating any required
Y changes must be submitted to the Board within sixty (60) days thereafter.
r; Deadlines may be extended only in writing by the Board. Ten (10) copies of
the final report shall be delivered to the Board. Delivery of the final
S V.
report prior to November 30, 1987, shall constitute completion of the term of
3'1 the Contract,
w Monthly progress work reports which summarize the work ccmpleted through
the period of the submitted State of Texas Purchase Voucher will be submitted ,
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t
by the City of Denton to the Board by the 20th of the month following the
period covered by the Voucher. The work report will contain the following
information.
~.r. 1. Task names and descriptions.
2. Total cost of the individual tasks, including TI^1D8 and City of Denton
Portions.
3. Percent of the tasks completed.
4. Dollar value of the percent of the tasks completed.
5. Total tasks completed, indicating the percent ,.)s and dollar value of
the project completed as reflected in totals of ail State Vouchers
submitted.
A coordination meeting will be held at the end of every three-month period
to discuss the status of the study. Representatives of municipalities in
Denton County and the City of Dallas will be invited to the meetings.
The City of Denton will schedule the coordination meetings so that a
status report on the project can be written by the City of Denton and
submitted to the Hoard according to the following monthly schedule during the
active life of the contract: May 1, 1987, and July 1, 1987. An interim
r status report will not be required after the draft final report has been
submitted for review. The status report shall be in letter form and shall
contain the following information:
1
1. A brief statement of the overall progress male since the last status
report.
2. A brief description of any problems that have been encountered during
f" the previous reporting period that will affect the study, delay the
I timely completion of any portion of the contract, or will inhibit the
' completion of or cause a change in any of the project products or
objectives.
3. A description of actions the City of Denton or the contractor plans to
take to correct any p:obleme described in item 2 above or charge any
schedule, product, or objectives stated in the contract. 3
If for any reason the City of Denton is unablw to complete its performance
i
called for under the terms of this contract on or before August 31, 1987, and
is unable to deliver the final report on or before November 30, 1987, the City
-5-
of Denton and the Board ''..<i,y agree to consider negotiating an extension of
the contract period, .,r.er the Board will not be liable for more than
$125,000 for tloo entire contract. The Board roust, however, be notified in
writing ten (10) working days prior to the date for completion of the work
program or thirty (30) days prior to the date for submittal of the final
report that the City of Denton will be requesting renegotiation.
'II. COMPESMTION AM REIDSUR.SEIMn
The Board, for and in consideration of the obligations and responsibil-
ities undertaken by the City of Denton, hereby agrees to compensate and
reimburse the City of Denton, in a total amount not to exceed $125,000, upon
the submission of invoices and purchase vouchers representing costs incurred
y by the City of Denton pursuant to performance of this Contract. The City of
y
Denton will contribute $125,000, representing fifty (50) percent of the total
project cost, in the form of cash.
A. Reimbursement to the City of Denton shall be made in accordance with
the following budget, with the Board contributing fifty (50) percent of the
.
total project cost in the form of cash.
c BUDGET'
Regional Water Supply and Wastewater Services E "
Contract Study for the City of Denton
' r,. Salaries and Wages* $ 51#151
Be Fringe* 170328
C. Trawl 2,200
D, Expendable Supplies 1,100
E. Contract Services 62,500
F, Tschnical/Camputer Services 2,200
G. Communications
1,100 ,
H. Reproduction 41350
r 1, Overhead*
' J. Profit 83,817
w' 16#254
TOTAL
> -6-
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*Definition of Contract Budget Terms
1. Salary Cost is defined as the cost of salaries of engineers, draftsmen,
stenogra rs, surveymen, clerks, laborers, etc., for time directly
chargeable to the project.
2. FYd a Costa are defined to include social security contributions,
unamploynent excise and payro,.l taxes, employment compensation insurance,
retirement benefits, medical +ud insurance benefits, sick leave, vacation,
and holiday pay applicable thereto.
3. Overhead Costs are those costs incurred by the Consulting Engineer in
maintaining a 'Place of business and performing professional services
similar to those specified in this contract project description. These
expanses shall include the followings
o Indirect salaries, including that portion of the salary of prin-
cipals and executives that is allocable to general supervision
o indirect salary fringe benefits
o Accounting and legal services related to normal management and
business operations
o Trawl costs incurred in the normal course of overall administca-
tlon of the business
o Equipment Rental
o Depreciation of furniture, fixtures, equipment, and vehicles
o Dues, subscriptions, and fees associated with trade, business,
technical, and professional organizations
r o other insurance
o Rent and utilities
o Repairs and maintenance of furniture, fixtures, and equipment
Monthly invoices and State Vouchers supplied by t1v Board for work per-
formed shall be submitted for reimbursement. Said invoices and vouchers shall
be supported by sufficient detail to substantiate billings by the City of
s'Denton, said detail to include the followings
(1) Fbr direct expenses incurred by the City of Denton for outside con-
sulting services--copies of invoices to the City of Denton showing
the tasks that were performed; the percent and cost of each task
completed; a total cost figure for each direct expense category in-
cluding labor, fringe, overhead, travel, communication and postage,
technical and computer service30 expendable supplies, printing and
reproduction) and the total dollar amount due to the consultant. ;I
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(2) For :ravel and subsistence expenses, inclIding such expenses for sub-
contractors-names, date, work location, time period at work
location, itemization of subsistence expenses of each employee,
limited however, to travel expense authorized for state employees by
General Appropriation Act, 1986 Tex. Sess. Law Serv., Ch. 13, Art. V,
sec, 13.1, at 587 or as amended; and
(3) Other transportation costs--coptes of invoices covering tickets for
transportation or, if not available
names, dates, and points of
travel of Individuals; and
(4) All other reimbursable expenses-invoices or purchase vouchers
showing reason for expense with receipts to evidence the amount
incurred.
,s
B. The Board shall reimburse the City of Denton only upon invoice and
purchase voucher; provided, however, the Board shall only pay up to ninety
) ~ .r (901) percent of the Board's share of each invoice
pending the City of
Demon's
performance, completion of the report, and acceptance and approval of
said report by the Board. At the time of said performance, completion, and
t approval of the report by the Board, the Board shall
pay the remaining ten
(101) percent to the City of Denton,
t E
+ C, The City of Denton and the subcontractors shall maintain satisfactory
financial accounting
ti
' ng ocsnents and records and shall make then available Eoc 4
examination and audit by the Board. Account! ,
ng by the City of Denton and the
subcontractors shall be in a manner consistent with generally accepted
k
accounting principles.
IV. PUBLICATION AND SUSCONTRACTINO
t The Board shall have unlimited rights to technical or other data resulting
directly fra°n the
performance of services to the Board under this contract.
i
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I
It is agreed that the water supply planning materials developed by the
City of Denton pursuant to this contract shall became the joint property of
the City of Denton and the Board in which the Board retains the right to
establish copyrights. Any water supply planning materials subject to a Board
copyright and produced by the City of Denton or Board pursuant to this
contract may be printed by the City of Denton or Board at their own cost and
i
distributed by either at their discretion within the state of Texas. The City
i of Denton may otherwise utilize such material provided under this contract as
it deans necessary and appropriate, including the right to publish and
distribute the materials or any parts thereof under its own name within the
State of Texas, provided that any Board copyright is appropriately rated on
the printed materials.
'Me City of Denton agrees to acknowledge the Board is any news releases or
other publications relating to the work perfotrW under this Contract.
No work herein called for by the City of Denton shall be subcontracted or
assigned without prior written approval of the Executive Administrator of the
Board for such subcontract, including a detailed budget estimate with specific
cost details for each item of the work to be performed by the subcontractor
4 t ~ r,
and for each category of reimbursable expenses. The subcontracts shall con-
form to the terms of the Contract and include provisions which require sub-
contractor compliance with Board rules.
V. NUNX B t TERMINATIONO AND S'L'OP ORDERS
This contract may be altered or amenied only by mutual written consent and
tk'y ,F, may be terminated by the Board at any time by written notice to the City of
Denton. Upon receipt of such notice, the City of Denton shall, unless the
notice directs otherwise, imnediately discontinue all work in connection with
the petfoanance of this Contract and shall proceed to cancel promptly all
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i
existing orders insofar as such orders are chargeable to this Contract. The
City of Denton shall submit a statement showing in detail the work performed
under this Contract to the date of termination. The Board shall then r y the
City of Denton pr.mptly that proportion of the prescribed fee which applied to
the work actually performed under this Contract, less all payments that have
been prwiously made. Thereupon, copies of all completed work accomplished
under this Contract shall be delivered to the Board.
The Hoard may issue a Stop Work Order to the city of Denton at any time. j
Upon receipt of such order, the City of Denton is to discontinue all work
under this Contract and cancel all orders pursuant to the Contract, unless the
order directs otherwise. If the Board does not issue a Restart Order within
` 60 days after receipt by the City of Denton of the Stop Work Order, the City
of Denton shall regard this Contract terminated in accordance with the
foregoing provisions.
VI. NO DEPr AGAINST THE STATE
This Contract and Agreement shall not be construed as creating any debt by
1 or on behalf of the State of Texas and for the Texas Water Development Board,
and all obligations the State of Texas are subject to the availability of
c ~
funds.
j ~
VII. LICENSES* PERMITSo AND INSURANCE
For the purpose of this Contract, the City of Denton will be considered an
s
independent contractor and therefore solely responsible for liability
"
i resulting from negligent acts or omissions. The City of Denton shall obtain
all necessary insurance in the judgment of the City of Denton# to protect
i
itself$ the Bwcd, and employees and officials of tie Board from liability
arising out of the Cortr,-L. The City of Denton shell indemnify and hold the
. _10.
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Board and the State of Texas harmless, to the extent that the City of Denton
may do so in accordance with State Iaw, from any and all losses, damages,
liability, or claims therefore, on account of personal injury, death, or
property damage of any nature whatsoever caused by the City of Denton, arising
out of the activities under this Contract.
The City of Denton shall be solely and entirely responsible for procuring
i all appropriate licenses and permits which may be required by any competent
M authority for the C,ty of Denton to perform the subjeo-t work.
VIII. SEVER1 VR PROVISION
!
Should at., ore or more provisions of this Contract be held to be null,
void, voidable, or for any reason whatsoever, of no force and effect, such
provision(s) shall be construed as severable from the remainder of this i
Contract and shall not affect the validity of all other provisions of this
Contract which shall remain of full force Wi effect.
" IX, CORRESPONDENCE
.w a' I
Al). correspondence between the
parties shall be rAe to the following i ~
addressed E
Fbr the Board For the City of Denton
Texas Water Development Board City of Denton
P, 0, Box 13231, Capitol Station Director of utilities
7' t Austin, Texas 79711-3231 Municipal Building
Attnt zxecutive Administrator Denton, Texas 76201 f
Attnt It, R.E, (Ebb) Nelson, P,E,
y.
-11- ~
I
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In WITNESS WHEREOF the parties hereto cause this Contract and Agreement to be
duly executed in triplicate.
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TEXAS WATER DEVEIAPHW a akM
z
By: tA,- ~.i d a...... d 'Cr
Reg no I i"~-
ng rNecut ive '
1 Adlniniatrator
Date:
i
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CITY OP DENTON
ey:
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a °p fi Ray St ns
r r Mayor
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EXHIBIT A
PARTICIPATING AGE14CIES & E1rITIFS
WITH ASSOCIATED FEES
Bartonville Water Supply Corp.
$2,203
$2000 + (3,720 minus **1,693) x .10)
Bartonville, Texas, Town of $1,080
$1000 + (805 x .10)
* Carrollton, Texas, City of $7,993
$5000 + (29,934 x .10)
Colony, Texas, City of $5,715
$4000 + (17,150 x .10)
Copper Canyxs, Texas, Town of $1,089
$1000 + (888 x .10)
Corinth, Texas, City of $2,280
$2000 x (2800 x .10)
* Dallas, Texas, City of (maximum commitment) $40,000
' Denton, Texas, City of $11,310 j
$5000 + (63,000 x .10)
* Denton, County of (maximum commitment) $1000000
Flower 11 und, Texas, Town of (maximum cuanitment) $5,000
$4000 + (11,800 x .10) }
Highland Villager Texas City of $30505
$3000 + (5050 x .10)
Lake Cities Municipal Utility Authority $3,720
$3000 + (7200 x .10)
* Lewisville, Texas city of 58,720
$5000 + (37,200 x .10)
Little Elm, Texas, Town of $1,115
1 $1000 + (1150 x .10) G
Ponder, Texas, Town of $1,032
$1000 + (325 x .10)
Sanger, Texas, Town of $2,335
" $2000 + (3850 x .10)
3r" TSW Incorporated Water Company $1,081
$1000 + (810 x .10)
Total $1971147
Select Coanittee Manber '
PARTICIPATION FORMULA: ;
Flat Fees 0 - 10000 $L,000
. 1,000 - 5,000 $2,000
5,000 - 10,000 $30000
100000 - 25,000 $4,000
t' over 25000 $5,000
Population Fees
In wit an each municipality or water supply entity would pay a per
capita fee of .10 per capita.
Notes
,i -Population numbers are January to 1986 % COG estimates.
a 2) Population for Bartonville Water Supply Corporation excludes
cities of Bartonville and Copper Canyon since these cities are in-
dependent participants in the study,
3) Population for Lake Cities Municipal Utility Authority, Bartonville
Water supply Corporation and TSW Inc., Water Company are estimated by
methodologys Mrnber of connections multiplied by 3 residents per
connection equals population.
y',
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EXHIR1T B
POLITICAL SUBDIVISIONS
WITHIN PLANNING AREA
1. Hon. Larry Alderson 12. Non. Lou Duggan
City of Argyle City of Coppell
P.O. Box 1035 P.O. Box 478
Argyle, Texas 76226 Coppell, Texas 75019
2. Argyle WSC 13. Non. G. Hugh Meilinger
P.O. Box 174 Town of Copper Canyon
Argyle, Texas 76226 400 Woodland Dr., Rt. 2
Lewisville, Texas 75067
3, Hon. Tim Leslie
City of Aubrey 14. Hon. Shirley Spellerberg
107 South Main Town of Corinth
Aubrey, Texas 76227 Rt. 31 2003 5. Corinth
Corinth, Texas 76205
4. Non Buddy Wilkins
Town of Bartonville 15. Non. Gary Hulstein
Box 134-B Jeter Road Town of Corrall City
' Argyle, Texas 76226 Rt. 2, Box 54
5. Bartonville Water Supply Argyle, Texas 76126
.r:
Rt. 1, Box 134-C 16. Corporation R.
Argyle, Texas 76226 400 Hunters Creek Rood
Denton, Texas 76201
6. Blackrock Water Supply
P.O. Box 8 17. Non Mark Coats
Aubrey, Texas 76227 Town of Cross Roads
Rt. 1, Box 68-D
7. Bolivar Water Supply Aubrey, Texas 76227
' Box 1006
Sanger, Texas 76266 18. Non Richard 0. Stewart
City of Denton
8. Non. Milburn Gravle
Y 215 E. McKinney Street
r' City of Carrollton Denton, Texas 76201
P.O. Box 110535
Carrollton, Texas 75006 19. Mr. John Tucker
w Denton Co. Fresh Water Supply
9. Non, Larry D. Sample District
City of The Colony Route 3 - 228
5576 h. Colony Boulevard Lewisville, Texas 750
The Colony, Texas 75056
20. Mr. Paul Phy
10. The
Colony M.U.D.
Denton Co. Reclamation, Road
c
Box C3040 olony, Texas 75056 and utility District No. 1
The 5956 Sherry Lane, Suite 1204
il. Community WS/Rocky Point Dallas, Texas 75225
r''! P.O. Box 17687
Dallas, Texas 76217
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I 21. Hon Jay Wood 32. Hon. L. E. Crown
i Town of Double Oak Town of Hickory Crcck
P.O. Box 13% P.O. Box 453
Lewisville, Texas 75067 Lake Dallas, Texas 75065
22, Mon. Clyde Tinkle 33. Non. Jerry McKenzie
City of Eastvale City of Highland Village
At. 30 Box 316 948 Highland Village Road
Lewisville, Texas 75056 Lewisville, Texas 75067
23. East Denton Co. WSC
At. It Box 55A 34. Hon. Louis Tate
Aubrey, Texas 76227 Town of Justin
Box 578
24, Mart. Geor a Coker Justin, Texas 76247
Town of Flower Mound 35. Knob Hill WS
2121 Cross Timbers Road At. 1
Flower Mound, Texas 75028 Frisco, Texas 75034
2S. Forest Hills N. 11 Water 36. Kruger WS
4100 Golden Circle Drive Rt. 2, Box 655
Denton, Texas 76201 Aubrey, Texas 76227
26. Hon. John Clanton 37, Non. Wayne Ferrell T'
Town of Frisco Town of Krugervi'.le '
P.O. Box 177 110 Surveyors Road
Frisco, Texas 75034 Aubrey, Texas 76227
21. Hon, Town Powers
38. Hon. Joe Cates
a City of Grapevine City of Krum
a P.O. Box 729 P.O. Box 217 ~
Grapevine, Texas 76051 Krum, Texas 76249
28. Green Springs WSC 39. Lake Cities H.U.A.
710 Linwood
P.O. Box 355
Denton, Texas 76201 Lake Dallas, Texas 75065
29, Hon, A. W. Dick 40, Lake Country Add
Town of Hackberry Rt. 21 Box 341-3
At. 2, Box 327 AA Frisco, Texas 15034
FriiCO, Texas 75034
.
30, Harbor Grove WSC 41. Hon. Ronald E. Honse {
P. O. Box 575 City of Like Callas
Lake Dallas, Texas 75605 P.O. Box 368
Lake Callas, Texas 75065
31. Hon. Stanley Dozier 42. Hon, Ken Johnson
Town of Hebron City of Lakewood Village
At. 3, Box 184 Box 386
Lewisville, Texas 75056 Little Elm, Texas 75068
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} 43. Lakewood Village Utilities 55. Hon Pcte Hartnar
19 P.O. Box 7085 Town of Oak Pcint
Dallas, Texas 75209 P.O. Box 610
Little Ella, Texas 1506V,
44. Lebcnon WSC
P.O. Box 340 56. Hon Tom W, Porter
Frisco, Texas 75034 City of Pilot Point
I P.O. Box 457
45. Non Ann Porykal Pilot Point, Texas 76256
City of Lewisville
151 W. Church Street 57. Hon Jack 'larvard
Lewisville, Texas 75067 City of Plano
P.O. Box 358
46. Mon Roger Pock Plano, Texas 75074
Town of Lincoln Park
Rt. 1, Box 100 58. Hon Jo Montague
Aubrey, Texas 76227 Town of Ponder
P.O. Box 297
47. Hon Charles Boatright Ponder, Texas 76259
Town of Little Elm
P.O. Box 129 59. Ho„ Ms. Nel Rmstrang
Little Elm, Texas 75068 City of Sanger
P.O. Box 578
48. Little Elrr WSC Sanger, Texas 1626t
[ x
P.O. Box 1092
Temple, Texas 76501 60. Saratoga water
ri 6401 Southwest fwy
ti 49. Hon Keith Boaz Houston, Texas 1704
Town of Marshall Creek
a P.O. a?x 837 61. Hon Olive Stevens
Roanoke, Texas 76262 Town of Shady Shores
Box 362
y 50, Midway Prop. Lake Dallas, Texas 75C6~,
A~ 107 Salem Ct.
Lewisville, Texas 75067 62. Hon Lloyd 0. Latta, Jr.
City of Southlake
51. Mountain Springs WSC 667 N. Carroll Avenue
Rt. 2, Box 19S Southlake, Texas 76092
Pilot Point, Texas 76258
63. Stonecrest Water Dept.
52. Mustang Water Supply Corp, P.O. Box 926
105 East Elm Argyle, Texas 76226
Aubrey, Texas 76227
t
64. Terra Southwest
3 l 53. Mon Bert Gibbs P.O. Box 717
l Town of Northlake Denton, Texas 76202
4 P,O. Box 471
Justin, Texas 76247
65. Hon Jim Carter
54. North Shore WSC City of Trophy Club
P.O. Box 205 P.O. Box 1110
Lewisville, Texas 75067 Roanoke, Texas 76262
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66. Non John Tidwell
City of Roanoke
P.O. Box 386
Roanoke, Texas 76262
67. Mr. Danny Vance
Trinity River Authority 1
5300 South Collins
P.O. Box 60
Arlington, Texas 76010
~ c
66. Urban Coda. Water Service
' 8500 Village Drive
San Antonio, Texas 78217
69. Water Line 377 Nortlf
Rt. 1
Tfogs, Texas 76271
70. Non Dale L. White
Town of Westlake
t Box 501, Dove Road
d ;h nr" Roanoke, Texas 76162
71. Woodland Hills wsc
'i 725 First State Bank Bldg.
'Denton, Texas 76201
72. Wynnwood Haven Water
At 2, Box 249
r Frisco, Texas 75034 ,+-P
t='u 73. Yacht Club Est. Water Ser. {
a t . Rt. 1
Frisco, Texas 75034 }
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74. Denton County Reclamation Road
and Utility District 41
5956 Sherry Lane, Suite 1204
Dallas, Texas 75225
75, Denton County Fresh Water Supply District
Route 3228
Lewisville, Texas 75056 j
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EXHIBIT C
SCOPE OF SERVICES
Purpose of Study: The purpose of this Smy is to evaluate and to make recom-
mendations for providing water and wastewater service to Denton County com-
munities and water and wastewater supply entities needing wholesale service,
now or in the future, in the service area of the regional water supply system
1
currently operated by the City of Dallas (generally defined as all of Denton
County with exception of the area south and southwest of Denton Creek but
+ subject to other minor exclusions or inclusions).
k ~
1.0 Preliminary Assessment
LT' 1.1 Engineer and Project Manager will identify data to be collected and "
furnished by participating agencies.
1.2 Review published reports furnished b the y ptirticipating agencies.
1.3 Conduct-one-on one interviews with each of the following partici-
-1 pating agencies.
Bartonville Water Supply Corp.
` F
Town of Bartonville, Texas
Fd Zl/1 ~ } D f 9 ~
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Citv of Carrollton
City of the Colony, Texas
1 T k. ~
Town of Copper Canyon, Texas
l
NCity of Corinth, Texas
City of Dallas, Texas
1 '
City of Denton, Texas
County of Denton, Texas
d ,
Town of Flower !blind, Texas
a City of Highland Village, Texas
Lake Cities Minicipal Utility Authority `
r ;t
.
City of Lewisville, Texas
i
Town of Little Elm, Texas
Town of Fonder, Texas
City of Sanger, Texas
TSW Incorporated Water Company
1.4 Review additional reports furnished by the participating agencies
for background information and for data concerning population and
demand projections.
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1.5 Identify other entities in Denton County that have responsibility
for providing water or wastewater services.
x. 1.6 Develop base neap for project area.
1.7 As directed by the Project Manager, meet with other identified en-
tities (not to exceed two group meetings).
- 1.8 Determine, from information and data provided by each entity, the
cater and wastewater services area of each participating agency and
the other identified entities in Denton County.
i
1.9 Develop a draft work plan including a proposed schedule for each
h, phase of work.
`aye tr`.s,`t 1.10 Conduct work session with Steering Camittee.
a.
1.11 Finalize the work plan. f
3
2.0 Conservation ?tan Development:
2.1 Develop a water conservation plan for the service area to emphasize
•F
efficient use of water resources.
2.2 Water supply and wastewater demand projections developed in Task 3.0
will incorporate savings identified in the water conservation plan.
2.2 All alternative strategies identified id Task 3.0 and Task 4.0 will
be developed and evaluated consideriol savings identified in the
water conservation plan.
4
j 2.3 Based on the feasible alternatives identified including water con-
, i
i servstion savings, develop individual infrastructure plans as shown
in Task 5.0.
3.0 Analysis. Defining the Dimensions of the Projects
I
3.1 Make an inventory of existing, casnitted, and planned water and
wastewater facilities and their capacities from information
furnished by participating and ran-participating agencies. I
3.2 Most with various agencies that may have information or who may be x
affected by the SPUDY, including, but not limited to the following j
p ~
agencies:
Texas State Highway Department
Railroads
S
j Major Pipeline Companies
Major Gas and Electric utilities
U.S. Corps of Engineers
'.i Texas Water Commission
i : =1 Texas Water Development Board
~d North Central Texas Coui-^il of Governments
Trinity River Authority
North Texas Municipal Water District
City of Ft. Wbrth, Texas
i
North Texas Industrial Commission
3.3 Develop low, most probable, and high population projections for the
study area for 19900 2000 and 2010. Use Board data and North
Central Texas Council of Government's data to develop a comparative
projection base. Supplement with input from the respective Steering r
Committee entities esd other appropriate data.
3.4 Estimate future per capita consumption of water and per capita
volumes of wastewater discharge for 1990, 2000, and 2010; estimate
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{ future manufacturing water demands for 1990, 2000s and 2010; aM
estimate future wastewater flows from manufacturing or industrial
and 2010.
000
904P 2
for 19
operations
and high projections for future water
~ most
3.5 Develop low, p
demands for average and peak, drought, and normal conditions for
19900 2000, and 2010.
3.6 project low, most probable, and high projections for future waste-
d
water treatment requirements for 1990, 2000, and 2010.
3.1 Identify existing raw water resources available to serve the study
area, determine yield expected to be available to study area, and i
I
a consult with Dallas Water Utilities; determine existing wastewater
treatment capability.
3.8 Determine need for supplemental raw water resources and identify
f t potential sources which may be needed to meet anticipated long-term
requirements through 2010; determine wastewater service needed
r through 2010.
3.9 Establish capability and willingness of existing major entities
a within project area to meet projected water and wastewater demands
f of the project area. r
3.10 Meet one-on-one with each participating entity and review STUDY
results.
3.11 Conduct workshop with Steering Committee.
3.12 Identify alternative strategies, considering nenr-ter m and lonxs-tetan
requirements, with emphasis on institutional agencies for providing
water tend wastewater retvices over the next twenty-five (25) years.
Specific alternatives to be evaluated include, but shall not be j
r limited to the followings
E
3.12.1 Untreated water service from Dallas to other entities
(either existing or proposed) which could provide treated
water service to customers in the service area.
V
3.12.2 Partnership arrangement between cities to construct water or
wastewater treatment plants for benefit of the contracting
parties.
i
3.12.3 Creation of an entity or entities, such as utility
districts, to be sponsored and established by the customers
having a need for water or wastewater service.
3.12.4 Enlargement of service area of existing cities (Denton,
iewisville, and others) which already have water or waste-
water treatment plants in Denton County.
ti 3.12.5 service to be provided by an established water or wastewater
service entity which may or may not presently provide ser-
vice in the Denton County service area (Dallas$ Trinity
River Authority, etc.).
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4.0 Evaluation of Alternativest ,till
<<
4.1 Evaluate feasibility of existing entities to expand their service
i=
areas to most all or a portion of the project area.
4 r d49
4.2 alb discuss Item 3.1 above, meet with the major agencies includingt
City of Denton V
i r
' City of Lewisville
City of Dallas
North Texas Municipal 'dater District
F 6
Trinity River Authority
4.3 Evaluate previously identified alternatives and determine "most
r , s feasible" alternatives (5 to 15). Match water and wastewater in
workable combinations.
4.4 With aid of r computer model, evaluate in depth the "most feasible"
alternatives--documenting costs, advantages, and disadvantages.
4.5 Consult with legal and financial advisors concerning the alternative
institutional strategies.
t
4.6 Develop legal organizational structures with recommendations for
service contract cnrK*I is and conditions of service required.
4.7 Make field reconnaissance of the araa as needed to determine pro-
. I t
bable location of proposed facilities for water and sewer.
4.0 Assess infrastructure requirements for "most feasible" alternatives
and evaluate technical feasibility.
4.9 Conduct workshop with Steering Cormittee to evaluate alternatives.
4.10 Taking into account the results of the workshop and the advice arts
comments of the Steering Committee, narrow the alternatives to three
F general strategies (or service plans) considering technical, legal,
policy, and financial constraints.
4.11 Conduct interviews with major entities that would be affect4id by the
alternative strategies to ensure conceptual agreernent with their
} 1 proposed roles in such plans.
r~
5.0 Development of Infrastructure Plans:
e 5.1 For each of the top three.recomnended institutional alternatives,
' develop an infrastructure plan.
5.2 Prepare implementation schedules and preliminary cost estimates for
recemended service alternatives.
i 5,3 identify key political/policy/regulatory/legal steps for implemen-
tation.
5.4 Provide recc mendations for financial and legal strategies for
funding initial costs and annual operation and maintenance costs. E
Y
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' Provide estimates of
potential customer rates under recommended
alternatives.
5.5 identify probable initial capital cost participation and continuing
contractual relationships between suppliers and customers under
reco,`esndsd alternatives.
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EXCERPT MINUTES PUBLIC UTILITIES BOARD
JANUARY 14, 1987
3, CONSIDER 6?DINANCF APPROVING A CONTRACT WITN TNF TEXAS
W7I~'E`E`F17P!' FA'1'bFf .
F
r F
Nelson explained Demon's relationship with the Texas Water
Devet^pment Board and with Denton County regarding this
a
t eki tysuc;~d a county) Is
project. Nelson nstated' thTexas to at Denton
the first cerm Y other al
emphasis, and therefore comes closer than pany
it that t tprogramiheCoo es WCOmmendedlNelson ifornhis
z~ \ witht this gran
work on this project.
¢Y
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Coamea moved to approve the subject contract. Frady
second. All ayes, no nays, motion carried unanimously.
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council '
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Emergency Management Ordinance
RECOMMENDATION: To adopt a new Chapter 7 to be entitled "Emergency Management"
repealing the existing Chapter 7 of the Code of Ordinances.
SUMMARY: The existing ordinance is not consistant with current trends
and the State Disaster Act of 1975, as amended.
BACKGROUND: First, the new ordinance updates most of the information '
found in the old Chapter 7.
+ Second, the responsibilities are more clearly outlined in
the new Chapter 7 and establishes a more comprehensive system.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
' Emergency Management Program and affected departments
which includes almost all city departments as defined
in the City of Denton Emergency Management Plan.
FISCAL IMPACT: This program improves our risk factors by limiting liability
in accordance with existing state legal directives.
RESP FULLY SU V TIED:
a „N
kw«, , ' LloVf V. arre
City Manager
v
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Prepared by:
n7 C~i -1 D. t , Jr. /
Title Emergency Management Coordinator
«o-~,~rr Approved:
Name Title Director of Community Services
2633C/3
ii
.
,~i',Jjn•►ilk:'e1 .f .'K~w.~..,.-„ s :ter. Aso a:.;.,..+,.. .u..y..11~.. ~i.+d i'.a tip'
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1234E
NO.
e
S AN ORDINANCE REPEALING THE EXISTING CHAPTER 7 OF THE CODE OF
ORDINANCES AND ADOPTING A NEW CHAPTER 7 TO BE ENTITLED "EMERGENCY
MANAGEMENT"; ESTABLISHING A PROGRAM INCLUDING MITIGATION, PRE-
6 PAREDNESS, RESPONSE AND RECOVERY PHASES OF COMPREHENSIVE ESSER-
GENCY MANAGEMENT; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT
DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT
COORDINATOR; AND PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF
THOSE OFFICES; IDENTIFYING 4N OPERATIONAL ORGANIZATION; GRANTING
NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT
WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF DENTON; AUTHORIZ- !
ING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN }i
THIS AND OTHER CITIES OR COUNTIES FOR RELATED PURPOSES;
PROHIBITING UNAUTHORIZED WARNING AND ALL-CLEAR SIGNALS AND MAKING f
VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED ONE
THOUSAND DOLLARS ($1,000.00); AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas finds
that the identification of potential hazards and the prevention
or mitigation of their effects must be an on-going concern to the f
city if the lives and property of the populace are
protected; and
WHEREAS, the City Council hereby declares that the prepara-
tion of a Comprehensive Emergency Management plan, and the means
for its Implementation, for the protection of lives and property
in the City of Denton from natural or man-caused disasters or
threat thereof is immediately essential; and
WHEREAS, the City Council further finds that in times of
disasters which may imperil the safety of the inhabitants of the and
City, or their
into operation thye~preconceiAved plansaand preparations with
a minimum of delay; and
plans are now ,impthat the erative;prepara-
such finds,
tionl,Hand WHEREAS Council
NOW9 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
a+
SECTION I.
That Chapter 7 of the Code of ordinances is hereby repealed
read Chapter 7 entitled "Emergency F
Maandnagethere which adopted a new
u.
kl41'
CHAPTER 7. EMERGENCY MANAGEMENT
Sec. 7-1. Creation f
There is hereby created the office of Emergency Management
Director of the City of Denton, Texas, which shall be held by the
Mayor in accordance with state law and pursuant to Executive
Order. An Emergency Management Coordinator shall be appointed by
and serve at the pleasure of the Director, in conjunction with
the county. The selection process for the coordinator and his/her
administration will be controlled by the City of Denton for pur-
posos of continuity of management. The Emergency Management
Coordinator shall appoint an Emergency Management Program Manager
who shall be authorized to execute and perform all duties of the I
Coordinator, as enumerated in this Chapter. Such appointment
shall be approved by the Emergency Management Director and the
Coordinator. Should the Mayor be unable to act, the Mayor
Protempore shall assume all responsibilities outlined herein.
Sec. 7-2. Responsibility
The Director shall be responsible for a program of comprehen-
sive emergency management within the city and for carrying out
the duties and responsibilities set forth in this ordinance. He
may delegate authority for execution, of these duties to the
Coordinator and Program Manager, but ultimate responsibility for
such execution shall remain with the Director.
Sec. 7-3. Organization
The operational Emergency Management organization of the City
of Denton shall consist of the officers and employees of the City
so designated by the Director in the emergency management plan,
as well as organized volunteer groups. The functions and duties
of this organization shall be distributed among such officers and
employees in accordance with the terms of the emergency management
plan.
Sec. 7-4. Powers aad Duties
The duties and responsibilities of the Emergency Management
Director, which, with the exception of subsections (c) (d) and
(f) hereof, may be carried out by the Coordinator or Program
Manager, shall include the following:
(a) Conduct an on-going survey of actual or potential hazards
F' which threaten life and property within the city and an on-going
i
PAGE 2
r
program of identifying and requiring or recommending the imple-
mentation of measures which would tend to prevent the occurrence
or reduce the impact of such hazards if a disaster did occur. f
a ~
(b) Supervision of the development and approval of an emer-
gency management plan for the City of Denton, and shall recommend
for adoption by the City Council all mutual aid arrangements
deemed necessary for the implementation of such plan.
(c) Authority to declare a local state of disaster. The j
declaration may not be continued or renewed for a period in
excess of seven (7) days except by or with the consent of the
City Council. Any order or proclamation declaring, continuing,
or terminating a local state of disaster shall be given prompt
and general publicity and shall be filed promptly with the City i a
Secretary.
(d) Issuance of necessary proclamations, regulations or
directives which are necessary for carrying out the purposes of
this ordinance. Such proclamations, regulations, or directives
shall be disseminated promptly by means calculated to bring its
contents to the attention of the general public and, unless cir-
cumstances attendant on the disaster prevent or impede promptly
filed with the City Secretary.
a?
r (e) Direction and control of the operations of the Denton
Emergency Management organization as well as the training of
Emergency Management personnel.
(f) Determination of all questions of authority and respon-
sibility' that may arise within the Emergency Management organi-
zation of the City.
(g) Maintenance of liaison with other municipal, county,
district, state, regional or federal, Emergency Management
a organizations.
(h) Marshalling of all necessary personnel, equipment or
supplies from any department of the City to aid in the carrying
out of the provisions of the emergency management plan.
(i) Supervision of the drafting and execution of wutual aid
agreements, in cooperation with the representatives of the state
and of other local political subdivisions of the state, and the
drafting and execution, if deemed desirable, of an agreement with
the county in which said city is located and with other munici -
palities within the county, for the county-wide coordination of
- Emergency Management efforts.
♦'l.i.
w PAGE 3
I
(j) Supervision of, and final authorization for the
procurement of all necessary supplies and equipment, including
acceptance of private r contribu tions which
withinethe fCirty, for the
purpose of improving Eme8 Y Management
(k) Authorizing of agreements, after approval by the City
Attorney, for use of private property for public shelter and
other purposes.
(1) Survey of supplies andt availability of during personnel equip-
ment t, suppppl
as provided for herein.
(m) Other requirements as specified in Texas Disaster Act 1975
U.T.C.S. Article 6869-7).
Sec. 7-5. Emergency Management Plan
A comprehensive Emergency Management Plan shall be developed
and maintained in a current state. The plan shall set forth the
form of the organization, estahlish and designate divisions an
functions, assign responsibilities, tasks, duties, and powers, and
designate officers and employees to carry out the provisions of
this ordinance. As provided 'oy state law, the plan shall follow
the standards and criteria established by the State Division of
Emergency Management of the State of Texas. Insofar as possible,
the form of organization, titles and terminology shall conforn to ;
the recomwendations of the State Division of Emergency Management.
When approved, it shall be the duty of all departments and
agencies to perform the functions assigned by the plan and to readiness
maintain their Thei emergency management cplan shall ebefconsidered
at all times.
supplementary to this ordinance and have the effect of law during
the time of a disaster.
Sec. 7-6. Interjurisdictional Program
The Mayor is hereby authorized to join with the County Judge
of the County of Denton and the mayors of the other cities in
said county in the formation of an Emergency Management Council
for the County of Denton and shall have the authority to cooperate
in the preparation of a joint emergency management plan and in
the appointment of a joint Emergency an ge participate ina ty aide
well as all powers necessary to p p coun-
program of emergency management insofar as said program may
affect the City of Denton.
'a
PAGE 4
9
f Sec. 7-7. Override
At all times when the orders, rules, and regulations made and €
I
promulgated pursuant to this ordinance shall be in effect, they
shall supersede and override all existing ordinances, orders, i
rules, and regulations insofar as the latter may be inconsistent
therewith. j
Sec. 7-8. Immunity II
The ordinance is an exercise by the City of its governmental
functions for the protection of the public peace, health, and
safety and neither the City of Denton, the agents and represen-
tatives of said City, nor any individual, receiver, firm,
partnership, corporation, association, or trustee, nor any of the
agents thereof, in good faith carrying out, complying with or
attempting to comply with, any order, rules, or regulation
promulgated pursuant to the provisions of this ordinance shall be
liable for any damage sustained to persons as the result of said
activity. Any person owning or controlling real estate or other
premises who voluntarily and without compensation grants to the
City of Denton a license of privilege, or otherwise permits the
City to inspect, designate and use the whole or any part or parts
of such real estate or premises for the purpose of sheltering
f` persons during an actual, impending or practice enemy attack or
natural or man-made disaster shall, together with his successors t
in interest, if any, not be civilly liable for the death of, or
y injury to, any person on or about such real estate or premises
under such license, privilege or other permission or for loss of,
or damage to, the property of such person.
Sec. 7-9. Commitment of Funds
' No person shall have the right to expend any public funds of
the City in carrying out any Emergency Management activity
authorized by this ordinance without prior approval by the City
Crunch except in accordance with the approved City and/or County
budgets or as authorized by law No person shall have any right
to bind the City by contract, agreement or otherwise without
prior and specific approval of the City Council unless during a
declared disaster. During a declared disaster, the Mayor may
expend and/or and necessary for commit the public funds of health, life, P or d property. udent of the city a
4 s,
Sec. 7-10. Offentids
(a) It shall be unlawful for any person willfully to
I" obstruct, hinder, or delay any member of the Emergency Manage-
ment organization in the enforcement of any rule or regulation
?AGE 5
,
j
issued pursuant to this ordinance, or to do any act forbidden by
any rule or regulation issued pursuant to the authority contained
in this ordinance.
(b) It shall likewise be unlawful for any person to wear,
carry or display any emblem, insignia or any other means of
identification as a member of the Emergency Management i
organization of the City of Denton, unless authority to do so
has been granted to such person by the proper officials.
(c) Any unauthorized person who shall operate a siren or
other device so as to s'mulate a warning signal, or the termi-
nation of a warning, shall be deemed guilty of a violation of
this ordinance and shall be subject to the penalties imposed by
this ordinance.
Sec. 7-11. Penalty
That any person violating any of the provisions of Section
7-10 hereof shall, upon conviction, be fined a sum not exceeding
i One Thousand Dollars ($1,000.00); and each day and every day
that the provisions of this ordinance are violated shall
constitute a separate and distinct offense. This penalty is in
addition to and cumulative of, any other remedies as may be
available at law and equity.
SECTION II .
That if any section, subsection
y , paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or circumstance is held invalid by any court of competent
7 ;w jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of
the City of Denton, Texas, hereby declares it would have enacted
such remaining portions despite any such invalidity.
It~r r
SECTION 111.
This ordinance shall not be construed so as to conflict with
any State or Federal statute or with-any military or naval order,
rule, or regulation.
SECTION IV.
All ordinances or parts of ordinances in force when the
provisions of this ordinance become effective which are tncon-
sistent or in conflict with the terns or provisions contained in
this ordinance are hereby repealed to the extent of any such
conflict.
PAGE 6
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pelf
I SECTION V.
t
That this ordinance shall become effective fourteen (14) ~
i
days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of 3
{ 4 the date of its passage.
PASSED AND APPROVED this the day of , 1987.
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RAY STEPHENS, MAYOR
CITY OF DENTON, TEXAS
[ { ' ATTEST: JFNNIFER S CITY SECRETARY
CITY OF DENTON, TEXAS
i.i
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
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CITY of DENTONg TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817)566.8200
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MEN0RAN D U M
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DATE: May 12, 1987
TO: Lloyd V. Harrell, City Manager
Mayor Ray Stephens and Council Member!
FROM., John F. McGrane, Executive Director of Finance
! SUBJECT: BOARD APPOINTMENTS to DENTON HEALTH FACILITIES
rr
DEVELOPMENT CORPOkATION, INC.
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The request to appoint three board members, Lloyd V. Harrell,
Rick Svehla and myself, is necessary to comply with the articles
~T, 'of incorporation for the Denton Health Facilities Development ,
,I•'t'+ Corporation, Inc. The appointments will be for a period of six;
~v years.
If further information is necessary, please let me know. ;
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RESOLUTION NO.
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A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF D1RECIORS OF THE
DENTON HEALTH FACILITIES DEVELOPMENT CORPORATION; AND DECLARING
AN EFFECTIVE DATE, I~
WHEREAS, the terms of office of Chris Hartung, Rick Svehla and f
,rl John McGrane as members of the Board of Directors of the Denton
Health Facilities Development Corporation having expired; and
WHEREAS, the City Council wishes to appoint their successors; fi
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTUN, TEXAS HEREBY RESOLVES:
SECTION I, That the following individuals are hereby appointed
as the Board of Directors of the Denton Health Facilities Develop-
ment Corporation:
Lloyd V. Harrell
Rick Svehla
t John McGrane
i
SECTION II. That the term of office for said members shall be
for s x years.
P b SECTION III. That this resolution shall become effective
,r imme ate y upon its passage and approval.
ti~ 5
PASSED AND APPROVED this the day of , 1987.
F f
RAY r .b. F I
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1 MYOR
t CITY OF DENTON, TEXAS
ATTEST:
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3bNNUM WXL'IERS
ACTING CITY SECRETARY
a: CITY OF DENTON, TEXAS
3 APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
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BY.
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CITY of PENTON, TEXAS MUNICIPAL NUILDINO / DEN TON, TEXAS 7041 / TELEPHONE (811) 686.8307
Office of the City Manager
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M E M O R A N D U M.
TO: Mayor and Members of the Council
FROM: Rick Svehla, Deputy City Manager
DATE: May 8, 1987
SUBJECT: Ordinance for the Certificates of Obligation
Frank Medanich and Paltl Horton a,ce preparing the ordinance
ti relating to the publication notice for the Certificates of
Obligation. They were unable te,,, comrlete all the necessary
paperwork and get it to us before we needed to print the
agenda. David Medanich will be present Tuesday night with al;
the completed paperwork for the publication notice and to
answer any questions Council may have.
r 3 s This ordinance is the standard ordinance considered when notice w+,
`ar''' of publication is required per the City Charter. If Council
Y
has any questions regarding this ordinance, please call me and
I will be happy to try and answer them.
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Deputy City Manager
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CITY Of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) $08.8307
Office of the City Manager
M F M O R A N U U M
TO: Lloyd Harrell, City Manager
FROM: Rick Svehla, Deputy City M:,nage.r
t
DATE: May 6, 1967
aty Y~
SUBJECT: RECOMMENDATIONS OF AIRPORT BOARD ON HJP 95 AND
HB 1776 a
At their April meeting the Board held a discussion about these ,
two pieces of legislation, The Board has been discussing ways
to entice aircraft owners to base their planes at the airport, ! w
d It was the feeling of the Board that if there were no personal
? s~: property taxes for airplanes, that would be just " one more J~
x+" 's a; hurdle that could be eliminated as an excuse or not basing II r
planes at the airport. Several members of the Board were k
cautious about exempting other things that are mentioned in
these two bills, and I balleve I am correct In saying that the
Board's main interest was only allowing airplanes to be
exempted, (i.e. There was considerable discussion about not
' making any other cuts that would have caused a general tax
increase.
rf" '"'rt Since then we've been given the numbtrs and the projections
af~i from the appraisal district and the finance department,
Indeed, you spoke last night to the Council about the problems
that we will face with the budget this coming year. That puts
i the staff in an awkward position. As airport staff we wculd `
support eliminating any kind of obstacles that would prevent
aircraft from being based at the airport. Elimination of
personal property tax Gn aircraft would help. However, we must
also look at the broader picture, hhen the city as a whole is
nw w. considered, any kind of reductions fn revenue in light of the
projections do not make any sense at all. Therefore, we
°SI;* support in concept the recommendation of the Airport Board, We
think It is a good concept, and we think in the fiture it would
g be the right thing to do. In light of the revenue projections
the staff would suggest that if a letter is authorized by the f'
r Council, that the wording be such to support the concept but
y that the process and the principles would be inacted only in
E x r future years when the revenue scenarios of the city are in
w';fr+, t~,'' better shape.
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HJR 95 and HS 1736 Memo
" May 6, 1987
Page Two {
If you or the Council have any further questions, 1 will be I
happy to try and answer them.
ICE
Deputy City Manager
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